Section § 115095

Explanation

This law allows certain officials from the state or local agencies to enter and inspect any property, public or private, to check for compliance with laws related to buildings that contain sources of ionizing radiation. These inspections are to ensure safety standards are met according to the State Building Standards Code. If the property is under federal jurisdiction, inspections can only happen with federal permission.

Any officer, employee, or agent of the department or of any state or local agency with which an agreement has been made pursuant to Section 114990 shall have the power to enter at all reasonable times upon any private or public property within the jurisdiction of the agency for the purpose of determining whether or not there is compliance with or violation of this chapter, building standards published in the State Building Standards Code relating to buildings in which there are sources of ionizing radiation, or of the regulations adopted pursuant to this chapter, and the owner, occupant, or person in charge of the property shall permit that entry and inspection. Entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly designated representative.

Section § 115100

Explanation

If you're responsible for registering mammography X-ray machines, you must ensure these machines are inspected and undergo quality assurance checks by a qualified professional. These checks should follow guidelines from the 1990 'Rules of Good Practice for Supervision and Operation of Mammographic X-Ray Equipment.'

However, if newer regulations offering equal or better patient safety are introduced after January 1, 1993, the old rules will no longer apply.

(a)CA Health & Safety Code § 115100(a)  The person responsible for registering mammographic X-ray equipment shall be responsible for assuring that the mammographic X-ray equipment under his or her jurisdiction has been inspected and that mammography quality assurance tests are performed by a medical physicist, health physicist, or other individual with qualifications similar to those approved by the department and prescribed in the May 1990 version of the “Rules of Good Practice for Supervision and Operation of Mammographic X-Ray Equipment,” as approved by the Radiologic Technology Certification Committee.
(b)CA Health & Safety Code § 115100(b)  If the department adopts regulations on or after January 1, 1993, that provide similar or stronger protection of a patient’s health and safety than the “Rules of Good Practice for Supervision and Operation of Mammographic X-Ray Equipment,” as determined by the department, then those rules shall no longer apply to this section.

Section § 115102

Explanation

This law requires facilities with mammogram machines to display notices of serious violations where patients can see them. A "serious violation" is a major issue that compromises the quality of mammography, identified during an inspection according to certain federal standards.

Once informed of a violation, the facility must put up the notice within two working days. It must stay up for at least five days or until the problem is fixed, whichever is longer.

(a)CA Health & Safety Code § 115102(a) A facility that operates a mammogram machine shall post notices of serious violations in an area that is visible to patients. For purposes of this section, “serious violation” means a Level 1 deviation, identified by an inspector, from federal Mammography Quality Standards Act of 1992 (42 U.S.C. Sec. 263b) standards, in effect as of December 31, 2009, that may seriously compromise the quality of mammography services that are offered by the facility.
(b)CA Health & Safety Code § 115102(b) The facility shall post the notice pursuant to this section within two working days after receipt of the documents from the department. These documents shall remain posted for a minimum of five working days or until action correcting the violation has been completed, whichever is later.