February 17, 2017

State Breast Density Reporting Laws Proliferate

The march continues toward eventual nationwide adoption of state laws and regulations mandating patient notification of a dense breast finding from mammography.

Since 2005, the following 28 states have adopted a mandatory disclosure or a breast density notification requirement:

Alabama, Arizona, California, Connecticut, Delaware, Hawaii, Indiana, Louisiana, Maryland, Michigan, Minnesota, Missouri, North Carolina, North Dakota, New Jersey, New York, Nevada, Ohio, Oklahoma, Oregon, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Virginia and Vermont.

In Utah, the notification is optional. In Maine, following the recommendations of a designated stakeholder work group, the physician community voluntarily agreed to a recommendation without a legislative mandate for disclosures that include breast density information in letters to patients.

Mandatory breast density disclosure legislation has been filed in nine states. They are Colorado, Florida, Iowa, Kentucky, Mississippi, Nebraska, New Mexico, Washington and West Virginia. Additionally, Maine and Maryland are considering modifications to their existing breast density reporting statutes.

The American College of Radiology’s (ACR’s) state government relations staff continues to work with its state chapters to answer questions about legislative activity and to promote available ACR resources on breast density. The staff is also collaborating with American Medical Association state chapters and other specialty medical societies.

Pending legislation is covered in Statescape. Information, advice and access to customizable breast density patient information brochure can be found on the ACR Breast Imaging Resources. webpage.