```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1237 Referred in Senate (RFS)]

  2d Session
                                H. R. 1237

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 9, 2008

     Received; read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 AN ACT

 
To amend the Public Health Service Act to provide revised standards for 
 quality assurance in screening and evaluation of gynecologic cytology 
                 preparations, and for other purposes.

    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 ``Cytology Proficiency Improvement Act 
of 2008''.

SEC. 2. REVISED STANDARDS FOR QUALITY ASSURANCE IN SCREENING AND 
              EVALUATION OF GYNECOLOGIC CYTOLOGY PREPARATIONS.

    (a) In General.--Section 353(f)(4)(B)(iv) of the Public Health 
Service Act (42 U.S.C. 263a(f)(4)(B)(iv)) is amended to read as 
follows:
                            ``(iv) requirements that each clinical 
                        laboratory--
                                    ``(I) ensure that all individuals 
                                involved in screening and interpreting 
                                cytological preparations at the 
                                laboratory participate annually in a 
                                continuing medical education program in 
                                gynecologic cytology that--
                                            ``(aa) is approved by the 
                                        Accrediting Council for 
                                        Continuing Medical Education or 
                                        the American Academy of 
                                        Continuing Medical Education; 
                                        and
                                            ``(bb) provides each 
                                        individual participating in the 
                                        program with gynecologic 
                                        cytological preparations (in 
                                        the form of referenced glass 
                                        slides or equivalent 
                                        technologies) designed to 
                                        improve the locator, 
                                        recognition, and interpretive 
                                        skills of the individual;
                                    ``(II) maintain a record of the 
                                cytology continuing medical education 
                                program results for each individual 
                                involved in screening and interpreting 
                                cytological preparations at the 
                                laboratory;
                                    ``(III) provide that the laboratory 
                                director shall take into account such 
                                results and other performance metrics 
                                in reviewing the performance of 
                                individuals involved in screening and 
                                interpreting cytological preparations 
                                at the laboratory and, when necessary, 
                                identify needs for remedial training or 
                                a corrective action plan to improve 
                                skills; and
                                    ``(IV) submit the continuing 
                                education program results for each 
                                individual and, if appropriate, plans 
                                for corrective action or remedial 
                                training in a timely manner to the 
                                laboratory's accrediting organization 
                                for purposes of review and on-going 
                                monitoring by the accrediting 
                                organization, including reviews of the 
                                continuing medical education program 
                                results during on-site inspections of 
                                the laboratory.''.
    (b) Effective Date and Implementation; Termination of Current 
Program of Individual Proficiency Testing.--
            (1) Effective date and implementation.--Except as provided 
        in paragraph (2), the amendment made by subsection (a) applies 
        to gynecologic cytology services provided on or after the first 
        day of the first calendar year beginning 1 year or more after 
        the date of the enactment of this Act, and the Secretary of 
        Health and Human Services (hereafter in this subsection 
        referred to as the ``Secretary'') shall issue final regulations 
        implementing such amendment not later than 270 days after such 
        date of enactment.
            (2) Termination of current individual testing program.--The 
        Secretary of Health and Human Services shall terminate the 
        individual proficiency testing program established pursuant to 
        section 353(f)(4)(B)(iv) of the Public Health Service Act (42 
        U.S.C. 263a(f)(4)(B)(iv)), as in effect on the day before the 
        date of the enactment of subsection (a), at the end of the 
        calendar year which includes the date of enactment of the 
        amendment made by subsection (a).

            Passed the House of Representatives April 8, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```