II 

110TH CONGRESS 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Consistency, Accuracy, 

5 Responsibility, and Excellence in Medical Imaging and 

6 Radiation Therapy Act of 2007’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to improve the quality and 

3 value of healthcare by increasing the safety and accuracy 

4 of medical imaging examinations and radiation therapy 

5 treatments, thereby reducing duplication of services and 

6 decreasing costs. 

7 SEC. 3. QUALITY OF MEDICAL IMAGING AND RADIATION 

8 THERAPY. 

9 Part F of title III of the Public Health Service Act 

10 (42 U.S.C. 262 et seq.) is amended by adding at the end 

11 the following: 

12 ‘‘Subpart 4—Medical Imaging and Radiation Therapy 

13 ‘‘SEC. 355. QUALITY OF MEDICAL IMAGING AND RADIATION 

14 THERAPY. 

15 ‘‘(a) ESTABLISHMENT OF STANDARDS.— 

16 ‘‘(1) IN GENERAL.—The Secretary, in consulta17 tion with recognized experts in the technical provi18 sion of medical imaging and radiation therapy serv19 ices, shall establish standards to ensure the safety 

20 and accuracy of medical imaging studies and radi21 ation therapy treatments. Such standards shall per22 tain to the personnel who perform, plan, evaluate, or 

23 verify patient dose for medical imaging studies and 

24 radiation therapy procedures and not to the equip25 ment used. 


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1 ‘‘(2) EXPERTS.—The Secretary shall select ex2 pert advisers under paragraph (1) to reflect a broad 

3 and balanced input from all sectors of the health 

4 care community that are involved in the provision of 

5 such services to avoid undue influence from any sin6 gle sector of practice on the content of such stand7 ards. 

8 ‘‘(3) LIMITATION.—The Secretary shall not 

9 take any action under this subsection that would re10 quire licensure by a State of those who provide the 

11 technical services referred to in this subsection. 

12 ‘‘(b) EXEMPTIONS.—The standards established 

13 under subsection (a) shall not apply to physicians (as de14 fined in section 1861(r) of the Social Security Act (42 

15 U.S.C. 1395x(r))), nurse practitioners and physician as16 sistants (as defined in section 1861(aa)(5) of the Social 

17 Security Act (42 U.S.C. 1395x(aa)(5))). 

18 ‘‘(c) REQUIREMENTS.— 

19 ‘‘(1) IN GENERAL.—Under the standards estab20 lished under subsection (a), the Secretary shall en21 sure that individuals, prior to performing or plan22 ning medical imaging and radiation therapy services, 

23 demonstrate compliance with the standards estab24 lished under subsection (a) through successful com25 pletion of certification by a professional organizaVerDate Aug 31 2005 00:24 Apr 04, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1042.IS S1042

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1 tion, licensure, completion of an examination, perti2 nent coursework or degree program, verified perti3 nent experience, or through other ways determined 

4 appropriate by the Secretary, or through some com5 bination thereof. 

6 ‘‘(2) MISCELLANEOUS PROVISIONS.—The 

7 standards established under subsection (a)— 

8 ‘‘(A) may vary from discipline to discipline, 

9 reflecting the unique and specialized nature of 

10 the technical services provided, and shall rep11 resent expert consensus as to what constitutes 

12 excellence in practice and be appropriate to the 

13 particular scope of care involved; 

14 ‘‘(B) may vary in form for each of the cov15 ered disciplines; and 

16 ‘‘(C) may exempt individual providers from 

17 meeting certain standards based on their scope 

18 of practice. 

19 ‘‘(3) RECOGNITION OF INDIVIDUALS WITH EX20 TENSIVE PRACTICAL EXPERIENCE.—For purposes of 

21 this section, the Secretary shall, through regulation, 

22 provide a method for the recognition of individuals 

23 whose training or experience are determined to be 

24 equal to, or in excess of, those of a graduate of an 

25 accredited educational program in that specialty, or 


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1 of an individual who is regularly eligible to take the 

2 licensure or certification examination for that dis3 cipline. 

4 ‘‘(d) APPROVED BODIES.— 

5 ‘‘(1) IN GENERAL.—Not later than the date de6 scribed in subsection (j)(2), the Secretary shall begin 

7 to certify qualified entities as approved bodies with 

8 respect to the accreditation of the various mecha9 nisms by which an individual can demonstrate com10 pliance with the standards promulgated under sub11 section (a), if such organizations or agencies meet 

12 the standards established by the Secretary under 

13 paragraph (2) and provide the assurances required 

14 under paragraph (3). 

15 ‘‘(2) STANDARDS.—The Secretary shall estab16 lish minimum standards for the certification of ap17 proved bodies under paragraph (1) (including stand18 ards for recordkeeping, the approval of curricula and 

19 instructors, the charging of reasonable fees for cer20 tification or for undertaking examinations, and 

21 standards to minimize the possibility of conflicts of 

22 interest), and other additional standards as the Sec23 retary may require. 

24 ‘‘(3) ASSURANCES.—To be certified as an ap25 proved body under paragraph (1), an organization or 


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1 agency shall provide the Secretary satisfactory as2 surances that the body will— 

3 ‘‘(A) be a nonprofit organization; 

4 ‘‘(B) comply with the standards described 

5 in paragraph (2); 

6 ‘‘(C) notify the Secretary in a timely man7 ner if the body fails to comply with the stand8 ards described in paragraph (2); and 

9 ‘‘(D) provide such other information as the 

10 Secretary may require. 

11 ‘‘(4) WITHDRAWAL OF APPROVAL.— 

12 ‘‘(A) IN GENERAL.—The Secretary may 

13 withdraw the certification of an approved body 

14 if the Secretary determines the body does not 

15 meet the standards under paragraph (2). 

16 ‘‘(B) EFFECT OF WITHDRAWAL.—The 

17 withdrawal of the certification of an approved 

18 body under subparagraph (A) shall have no ef19 fect on the certification status of any individual 

20 or person that was certified by that approved 

21 body prior to the date of such withdrawal. 

22 ‘‘(e) EXISTING STATE STANDARDS.—Standards es23 tablished by a State for the licensure or certification of 

24 personnel, accreditation of educational programs, or ad25 ministration of examinations shall be deemed to be in comVerDate Aug 31 2005 00:24 Apr 04, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1042.IS S1042

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1 pliance with the standards of this section unless the Sec2 retary determines that such State standards do not meet 

3 the minimum standards prescribed by the Secretary or are 

4 inconsistent with the purposes of this section. The Sec5 retary shall establish a process by which a State may re6 spond to or appeal a determination made by the Secretary 

7 under the preceding sentence. 

8 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec9 tion shall be construed to prohibit a State or other ap10 proved body from requiring compliance with a higher 

11 standard of education and training than that specified by 

12 this section. Notwithstanding any other provision of this 

13 section, individuals who provide medical imaging services 

14 relating to mammograms shall continue to meet the stand15 ards applicable under the Mammography Quality Stand16 ards Act of 1992. 

17 ‘‘(g) EVALUATION AND REPORT.—The Secretary 

18 shall periodically evaluate the performance of each ap19 proved body under subsection (d) at an interval deter20 mined appropriate by the Secretary. The results of such 

21 evaluations shall be included as part of the report sub22 mitted to the Committee on Health, Education, Labor, 

23 and Pensions of the Senate and the Committee on Energy 

24 and Commerce of the House of Representatives in accord25 ance with 354(e)(6)(B). 


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1 ‘‘(h) DELIVERY OF AND PAYMENT FOR SERVICES.— 

2 Not later than the date described in subsection (j)(3), the 

3 Secretary shall promulgate regulations to ensure that all 

4 programs under the authority of the Secretary that involve 

5 the performance of or payment for medical imaging or ra6 diation therapy, are performed in accordance with the 

7 standards established under this section. 

8 ‘‘(i) ALTERNATIVE STANDARDS FOR RURAL AND UN9 DERSERVED AREAS.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall deter11 mine whether the standards established under sub12 section (a) must be met in their entirety for medical 

13 imaging or radiation therapy that is performed in a 

14 geographic area that is determined by the Medicare 

15 Geographic Classification Review Board to be a 

16 ‘rural area’ or that is designated as a health profes17 sional shortage area. If the Secretary determines 

18 that alternative standards for such rural areas or 

19 health professional shortage areas are appropriate to 

20 assure access to quality medical imaging, the Sec21 retary is authorized to develop such alternative 

22 standards. 

23 ‘‘(2) STATE DISCRETION.—The chief executive 

24 officer of a State may submit to the Secretary a 

25 statement declaring that an alternative standard deVerDate Aug 31 2005 00:24 Apr 04, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1042.IS S1042

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1 veloped under paragraph (1) is inappropriate for ap2 plication to such State, and such alternative stand3 ard shall not apply in such submitting State. The 

4 chief executive officer of a State may rescind a 

5 statement described in this paragraph following the 

6 provision of appropriate notice to the Secretary. 

7 ‘‘(j) APPLICABLE TIMELINES.— 

8 ‘‘(1) GENERAL IMPLEMENTATION REGULA9 TIONS.—Not later than 18 months after the date of 

10 enactment of this section, the Secretary shall pro11 mulgate such regulations as may be necessary to im12 plement all standards in this section except those 

13 provided for in subsection (d)(2). 

14 ‘‘(2) MINIMUM STANDARDS FOR CERTIFICATION

15 OF APPROVED BODIES.—Not later than 24 months 

16 after the date of enactment of this section, the Sec17 retary shall establish the standards regarding ap18 proved bodies referred to in subsection (d)(2) and 

19 begin certifying approved bodies under such sub20 section. 

21 ‘‘(3) REGULATIONS FOR DELIVERY OF OR PAY22 MENT FOR SERVICES.—Not later than 36 months 

23 after the date of enactment of this section, the Sec24 retary shall promulgate the regulations described in 

25 subsection (h). The Secretary may withhold the proVerDate Aug 31 2005 00:24 Apr 04, 2007 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1042.IS S1042

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1 vision of Federal assistance as provided for in sub2 section (h) beginning on the date that is 48 months 

3 after the date of enactment of this section. 

4 ‘‘(k) DEFINITIONS.—In this section: 

5 ‘‘(1) APPROVED BODY.—The term ‘approved 

6 body’ means an entity that has been certified by the 

7 Secretary under subsection (d)(1) to accredit the 

8 various mechanisms by which an individual can dem9 onstrate compliance with the standards promulgated 

10 under subsection (a) with respect to performing, 

11 planning, evaluating, or verifying patient dose for 

12 medical imaging or radiation therapy. 

13 ‘‘(2) MEDICAL IMAGING.—The term ‘medical 

14 imaging’ means any procedure used to visualize tis15 sues, organs, or physiologic processes in humans for 

16 the purpose of diagnosing illness or following the 

17 progression of disease. Images may be produced uti18 lizing ionizing radiation, radiopharmaceuticals, mag19 netic resonance, or ultrasound and image production 

20 may include the use of contrast media or computer 

21 processing. For purposes of this section, such term 

22 does not include routine dental diagnostic proce23 dures. 


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1 ‘‘(3) PERFORM.—The term ‘perform’, with re2 spect to medical imaging or radiation therapy, 

3 means— 

4 ‘‘(A) the act of directly exposing a patient 

5 to radiation via ionizing or radio frequency ra6 diation, to ultrasound, or to a magnetic field for 

7 purposes of medical imaging or for purposes of 

8 radiation therapy; and 

9 ‘‘(B) the act of positioning a patient to re10 ceive such an exposure. 

11 ‘‘(4) PLAN.—The term ‘plan’, with respect to 

12 medical imaging or radiation therapy, means the act 

13 of preparing for the performance of such a proce14 dure to a patient by evaluating site-specific informa15 tion, based on measurement and verification of radi16 ation dose distribution, computer analysis, or direct 

17 measurement of dose, in order to customize the pro18 cedure for the patient. 

19 ‘‘(5) RADIATION THERAPY.—The term ‘radi20 ation therapy’ means any procedure or article in21 tended for use in the cure, mitigation, treatment, or 

22 prevention of disease in humans that achieves its in23 tended purpose through the emission of radiation. 

24 ‘‘(l) SUNSET.—This section shall have no force or ef25 fect after September 30, 2017.’’. 


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

2 (a) Not later than 5 years after the date of enactment 

3 of this Act, the Secretary of Health and Human Services, 

4 acting through the Director of the Agency for Healthcare 

5 Research and Quality, shall submit to the Committee on 

6 Health, Education, Labor, and Pensions of the Senate and 

7 the Committee on Energy and Commerce of the House 

8 of Representatives a report on the effects of this Act. Such 

9 report shall include the types and numbers of providers 

10 for whom standards have been developed, the impact of 

11 such standards on diagnostic accuracy and patient safety, 

12 and the availability and cost of services. Entities reim13 bursed for technical services through programs operating 

14 under the authority of the Secretary of Health and 

15 Human Services shall be required to contribute data to 

16 such report. 

Æ 


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