S. 1042Senate110th Congress (2007-2009)In Committee

Consistency, Accuracy, Responsibility, and Excellence in Medical Imaging and Radiation Therapy Act of 2007

Introduced March 29, 2007

Legislative Activity

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2 earlier actions
SenateCommittee Latest Action

Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment in the nature of a substitute favorably.

March 13, 2008

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SenateIntro Referral

Introduced in Senate

March 29, 2007

SenateIntro Referral

Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

March 29, 2007

SenateCommittee

Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment in the nature of a substitute favorably.

March 13, 2008

Floor Debate

24 members

What members said about S. 1042 on the floor

11 Republicans13 Democrats
John McCain
Sen. John McCainR-AZ · Jul 17, 2007

Reserving the right to object, Mr. President. Mr. President, if this were the first time that a 60-vote requirement were made, I would have some sympathy for the Senator from Illinois. I am having…

Carl Levin
Sen. Carl LevinD-MI · Jul 17, 2007

Mr. President, how much time remains? Mr. President, I yield myself 5 minutes. Mr. President, I think everybody in this body would like to leave Iraq better than we found it. That is not the current…

Joseph I. Lieberman
Sen. Joseph I. LiebermanD-CT · Jul 17, 2007

I thank the Chair I will yield to the Senator for the purpose of propounding a unanimous consent request but without yielding the floor. Mr. President, responding to the Senator from Georgia, I…

Robert Menendez
Sen. Robert MenendezD-NJ · Jul 17, 2007

Madam President, I rise in strong support of the Levin- Reed amendment. That is the amendment that, unlike the Iraq Study Group, has a date certain for changing and transitioning our mission and…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Jul 17, 2007

Reserving the right to object, could we have the next Republican speaker be Senator Alexander? Mr. President, with this political stunt tonight, the Senate has reached the approximate level of the…

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Richard J. Durbin
Sen. Richard J. DurbinD-IL · Jul 17, 2007

Mr. President, I ask that the Chair notify me when I have spoken for 5 minutes. Mr. President, I thank the Senator from Texas for explaining his amendment. But when I hear him describe the Levin-Reed…

Jack Reed
Sen. Jack ReedD-RI · Jul 17, 2007

Mr. President, I thank the Senator for the kind words. And one of my first reactions was a bit of confusion. He referenced General Lamb, the British officer in Baghdad, expressing chagrin at the…

Chuck Hagel
Sen. Chuck HagelR-NE · Jul 17, 2007

Mr. President, I rise this afternoon to support the Levin- Reed amendment. As we know, Iraq is the most important issue facing our country today. The core challenge in Iraq is the cycle of violence,…

Harry Reid
Sen. Harry ReidD-NV · Jul 17, 2007

Mr. President, late this morning, I sent a letter to the distinguished minority leader, Senator Mitch McConnell. I addressed the letter ``Dear Mitch,'' and I will read the letter. There are no more…

Christopher S. Bond
Sen. Christopher S. BondR-MO · Jul 17, 2007

I object. Mr. President, I would comment that in the process of working out votes, the minority leader has offered to the majority leader to schedule votes on this and other amendments at an…

Benjamin L. Cardin
Sen. Benjamin L. CardinD-MD · Jul 17, 2007

Mr. President, I welcome the debate on the U.S. role in Iraq, and I urge my colleagues to allow us to vote on the issue. I think each of us was elected to cast our votes and this is the most critical…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Jul 17, 2007

Mr. President, I sat here for the last hour or so and listened to the discussion, and what one concludes is that, once again, we are locked in a debate about the future of Iraq. I think many people…

Sherrod Brown
Sen. Sherrod BrownD-OH · Jul 17, 2007

I object. The informal order established was Senator Alexander, Senator Landrieu, Senator Lieberman, myself, then a Republican, and then Senator Menendez. I ask unanimous consent that be the order.…

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John Cornyn
Sen. John CornynR-TX · Jul 17, 2007

Mr. President, I yield myself 10 minutes. I rise to discuss my amendment which lays out the consequences of a failed state in Iraq. As every parent of a teenager knows, one of the things you have to…

John Warner
Sen. John WarnerR-VA · Jul 17, 2007

I object. I thank the Presiding Officer. Mr. President, I am given an opportunity now, which I have been looking forward to, to have a little colloquy with my long-time friend, Senator Levin, now…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jul 17, 2007

Well, I thank the Chair, and this is a historic night. The Senate will stay in session all night to debate the war in Iraq, something we should be doing. Frankly, Mr. President, we should have done…

Kay Bailey Hutchison
Sen. Kay Bailey HutchisonR-TX · Jul 17, 2007

Mr. President, I object. I objected in a timely manner. Mr. President, I know you did not hear me. I do not wish to keep the Finance Committee from meeting, except that we are being held for a very…

Barbara Boxer
Sen. Barbara BoxerD-CA · Jul 17, 2007

Mr. President, we are the greatest country in the world, and that is why I ask unanimous consent that amendment No. 2088 be withdrawn and that at 7 p.m. today the Senate vote on the Levin-Reed…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Jul 17, 2007

Madam President, the war in Iraq is the greatest challenge facing our country. Unfortunately, the political debate in Washington has not been conducive to finding a solution, as political divisions…

Jim DeMint
Sen. Jim DeMintR-SC · Jul 17, 2007

Mr. President, you would never know it from our debate the last couple of weeks, but we are here to talk about the Defense authorization bill, this rather large bill that is at all of our desks. Much…

Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · Jul 17, 2007

Mr. President, I see that many of my colleagues have come to the floor, so I will try to be brief in my remarks. But I would like to assure my good friend from Tennessee that this is not a stunt.…

Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Jul 17, 2007

Could I just offer an observation? We are not the minority, we are the majority. Yes. I am glad we got one of them. Maybe we can start a momentum here. Mr. President, I never thought I would see the…

Jim Bunning
Sen. Jim BunningR-KY · Jul 17, 2007

I object. Mr. President, I rise tonight to play my small part in this pointless political play put on by the Senate majority leader. It is an insult to the brave men and women in our Armed Forces and…

Mitch McConnell
Sen. Mitch McConnellR-KY · Jul 17, 2007

The following Senators are necessarily absent: the Senator from Mississippi (Mr. Cochran), the Senator from Oklahoma (Mr. Inhofe), and the Senator from Mississippi (Mr. Lott). Mr. President, our…

Bill Text

Latest available legislative text

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Introduced in SenateIssued March 29, 2007
        [Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1042 Introduced in Senate (IS)]

1st Session
S. 1042

To amend the Public Health Service Act to make the provision of
technical services for medical imaging examinations and radiation
therapy treatments safer, more accurate, and less costly.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

March 29, 2007

Mr. McConnell (for Mr. Enzi) (for himself, Mr. Kennedy, and Mr. Burr)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

A BILL

To amend the Public Health Service Act to make the provision of
technical services for medical imaging examinations and radiation
therapy treatments safer, more accurate, and less costly.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Consistency, Accuracy,
Responsibility, and Excellence in Medical Imaging and Radiation Therapy
Act of 2007''.

SEC. 2. PURPOSE.

The purpose of this Act is to improve the quality and value of
healthcare by increasing the safety and accuracy of medical imaging
examinations and radiation therapy treatments, thereby reducing
duplication of services and decreasing costs.

SEC. 3. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY.

Part F of title III of the Public Health Service Act (42 U.S.C. 262
et seq.) is amended by adding at the end the following:

``Subpart 4--Medical Imaging and Radiation Therapy

``SEC. 355. QUALITY OF MEDICAL IMAGING AND RADIATION THERAPY.

``(a) Establishment of Standards.--
``(1) In general.--The Secretary, in consultation with
recognized experts in the technical provision of medical
imaging and radiation therapy services, shall establish
standards to ensure the safety and accuracy of medical imaging
studies and radiation therapy treatments. Such standards shall
pertain to the personnel who perform, plan, evaluate, or verify
patient dose for medical imaging studies and radiation therapy
procedures and not to the equipment used.
``(2) Experts.--The Secretary shall select expert advisers
under paragraph (1) to reflect a broad and balanced input from
all sectors of the health care community that are involved in
the provision of such services to avoid undue influence from
any single sector of practice on the content of such standards.
``(3) Limitation.--The Secretary shall not take any action
under this subsection that would require licensure by a State
of those who provide the technical services referred to in this
subsection.
``(b) Exemptions.--The standards established under subsection (a)
shall not apply to physicians (as defined in section 1861(r) of the
Social Security Act (42 U.S.C. 1395x(r))), nurse practitioners and
physician assistants (as defined in section 1861(aa)(5) of the Social
Security Act (42 U.S.C. 1395x(aa)(5))).
``(c) Requirements.--
``(1) In general.--Under the standards established under
subsection (a), the Secretary shall ensure that individuals,
prior to performing or planning medical imaging and radiation
therapy services, demonstrate compliance with the standards
established under subsection (a) through successful completion
of certification by a professional organization, licensure,
completion of an examination, pertinent coursework or degree
program, verified pertinent experience, or through other ways
determined appropriate by the Secretary, or through some
combination thereof.
``(2) Miscellaneous provisions.--The standards established
under subsection (a)--
``(A) may vary from discipline to discipline,
reflecting the unique and specialized nature of the
technical services provided, and shall represent expert
consensus as to what constitutes excellence in practice
and be appropriate to the particular scope of care
involved;
``(B) may vary in form for each of the covered
disciplines; and
``(C) may exempt individual providers from meeting
certain standards based on their scope of practice.
``(3) Recognition of individuals with extensive practical
experience.--For purposes of this section, the Secretary shall,
through regulation, provide a method for the recognition of
individuals whose training or experience are determined to be
equal to, or in excess of, those of a graduate of an accredited
educational program in that specialty, or of an individual who
is regularly eligible to take the licensure or certification
examination for that discipline.
``(d) Approved Bodies.--
``(1) In general.--Not later than the date described in
subsection (j)(2), the Secretary shall begin to certify
qualified entities as approved bodies with respect to the
accreditation of the various mechanisms by which an individual
can demonstrate compliance with the standards promulgated under
subsection (a), if such organizations or agencies meet the
standards established by the Secretary under paragraph (2) and
provide the assurances required under paragraph (3).
``(2) Standards.--The Secretary shall establish minimum
standards for the certification of approved bodies under
paragraph (1) (including standards for recordkeeping, the
approval of curricula and instructors, the charging of
reasonable fees for certification or for undertaking
examinations, and standards to minimize the possibility of
conflicts of interest), and other additional standards as the
Secretary may require.
``(3) Assurances.--To be certified as an approved body
under paragraph (1), an organization or agency shall provide
the Secretary satisfactory assurances that the body will--
``(A) be a nonprofit organization;
``(B) comply with the standards described in
paragraph (2);
``(C) notify the Secretary in a timely manner if
the body fails to comply with the standards described
in paragraph (2); and
``(D) provide such other information as the
Secretary may require.
``(4) Withdrawal of approval.--
``(A) In general.--The Secretary may withdraw the
certification of an approved body if the Secretary
determines the body does not meet the standards under
paragraph (2).
``(B) Effect of withdrawal.--The withdrawal of the
certification of an approved body under subparagraph
(A) shall have no effect on the certification status of
any individual or person that was certified by that
approved body prior to the date of such withdrawal.
``(e) Existing State Standards.--Standards established by a State
for the licensure or certification of personnel, accreditation of
educational programs, or administration of examinations shall be deemed
to be in compliance with the standards of this section unless the
Secretary determines that such State standards do not meet the minimum
standards prescribed by the Secretary or are inconsistent with the
purposes of this section. The Secretary shall establish a process by
which a State may respond to or appeal a determination made by the
Secretary under the preceding sentence.
``(f) Rule of Construction.--Nothing in this section shall be
construed to prohibit a State or other approved body from requiring
compliance with a higher standard of education and training than that
specified by this section. Notwithstanding any other provision of this
section, individuals who provide medical imaging services relating to
mammograms shall continue to meet the standards applicable under the
Mammography Quality Standards Act of 1992.
``(g) Evaluation and Report.--The Secretary shall periodically
evaluate the performance of each approved body under subsection (d) at
an interval determined appropriate by the Secretary. The results of
such evaluations shall be included as part of the report submitted to
the Committee on Health, Education, Labor, and Pensions of the Senate
and the Committee on Energy and Commerce of the House of
Representatives in accordance with 354(e)(6)(B).
``(h) Delivery of and Payment for Services.--Not later than the
date described in subsection (j)(3), the Secretary shall promulgate
regulations to ensure that all programs under the authority of the
Secretary that involve the performance of or payment for medical
imaging or radiation therapy, are performed in accordance with the
standards established under this section.
``(i) Alternative Standards for Rural and Underserved Areas.--
``(1) In general.--The Secretary shall determine whether
the standards established under subsection (a) must be met in
their entirety for medical imaging or radiation therapy that is
performed in a geographic area that is determined by the
Medicare Geographic Classification Review Board to be a `rural
area' or that is designated as a health professional shortage
area. If the Secretary determines that alternative standards
for such rural areas or health professional shortage areas are
appropriate to assure access to quality medical imaging, the
Secretary is authorized to develop such alternative standards.
``(2) State discretion.--The chief executive officer of a
State may submit to the Secretary a statement declaring that an
alternative standard developed under paragraph (1) is
inappropriate for application to such State, and such
alternative standard shall not apply in such submitting State.
The chief executive officer of a State may rescind a statement
described in this paragraph following the provision of
appropriate notice to the Secretary.
``(j) Applicable Timelines.--
``(1) General implementation regulations.--Not later than
18 months after the date of enactment of this section, the
Secretary shall promulgate such regulations as may be necessary
to implement all standards in this section except those
provided for in subsection (d)(2).
``(2) Minimum standards for certification of approved
bodies.--Not later than 24 months after the date of enactment
of this section, the Secretary shall establish the standards
regarding approved bodies referred to in subsection (d)(2) and
begin certifying approved bodies under such subsection.
``(3) Regulations for delivery of or payment for
services.--Not later than 36 months after the date of enactment
of this section, the Secretary shall promulgate the regulations
described in subsection (h). The Secretary may withhold the
provision of Federal assistance as provided for in subsection
(h) beginning on the date that is 48 months after the date of
enactment of this section.
``(k) Definitions.--In this section:
``(1) Approved body.--The term `approved body' means an
entity that has been certified by the Secretary under
subsection (d)(1) to accredit the various mechanisms by which
an individual can demonstrate compliance with the standards
promulgated under subsection (a) with respect to performing,
planning, evaluating, or verifying patient dose for medical
imaging or radiation therapy.
``(2) Medical imaging.--The term `medical imaging' means
any procedure used to visualize tissues, organs, or physiologic
processes in humans for the purpose of diagnosing illness or
following the progression of disease. Images may be produced
utilizing ionizing radiation, radiopharmaceuticals, magnetic
resonance, or ultrasound and image production may include the
use of contrast media or computer processing. For purposes of
this section, such term does not include routine dental
diagnostic procedures.
``(3) Perform.--The term `perform', with respect to medical
imaging or radiation therapy, means--
``(A) the act of directly exposing a patient to
radiation via ionizing or radio frequency radiation, to
ultrasound, or to a magnetic field for purposes of
medical imaging or for purposes of radiation therapy;
and
``(B) the act of positioning a patient to receive
such an exposure.
``(4) Plan.--The term `plan', with respect to medical
imaging or radiation therapy, means the act of preparing for
the performance of such a procedure to a patient by evaluating
site-specific information, based on measurement and
verification of radiation dose distribution, computer analysis,
or direct measurement of dose, in order to customize the
procedure for the patient.
``(5) Radiation therapy.--The term `radiation therapy'
means any procedure or article intended for use in the cure,
mitigation, treatment, or prevention of disease in humans that
achieves its intended purpose through the emission of
radiation.
``(l) Sunset.--This section shall have no force or effect after
September 30, 2017.''.

SEC. 4. REPORT ON THE EFFECTS OF THIS ACT.

(a) Not later than 5 years after the date of enactment of this Act,
the Secretary of Health and Human Services, acting through the Director
of the Agency for Healthcare Research and Quality, shall submit to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives a
report on the effects of this Act. Such report shall include the types
and numbers of providers for whom standards have been developed, the
impact of such standards on diagnostic accuracy and patient safety, and
the availability and cost of services. Entities reimbursed for
technical services through programs operating under the authority of
the Secretary of Health and Human Services shall be required to
contribute data to such report.
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