Breast Tissue Screening Bill: A Woman's Right to Know?


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Sep 16 2011 - 1:28pm

A breast tissue screening bill was recently passed by the California Legislature. The focus of the bill is a mandate that physicians must alert patients who have dense breast tissue that their mammograms may fail to reveal a hidden breast cancer. Physicians are fighting the breast tissue screening bill stating that such a measure would cause unnecessary anxiety and place a financial hardship on the medical system and the patients.

Breast Tissue Screening Bill

The origin of Senate Bill 791: Comprehensive Breast Tissue Screening 2011 (previously known as Senate Bill 173), was due to a late stage breast cancer diagnosis of Amy Colton, a registered nurse who faithfully had routine mammograms performed beginning at age 40. Over the past several years she was told that her mammograms showed negative for breast cancer.

After a recent physical revealed her late stage breast cancer, she was told that her previous mammograms had failed to reveal any tumors because her breast tissue was thick and had hid her developing tumors. She later learned that her physician and radiologist both knew that she had extremely dense breast tissue that could interfere with mammogram testing, but they never told her about her breast’s condition and the risk dense breast tissue carries for cancer. Amy Colton stated that, “I’m the patient, it’s my body. But I was never informed.”

Soon afterward, Amy went to the office of Senator Joe Simitian D-Palo Alto, who then began lobbying for a Bill that would require medical doctors to alert their patients who have dense breast tissue.

According to the Bill, “A health care practitioner who performs a mammography examination pursuant to Section 1367.65 of the Health and Safety Code or Section 10123.81 of the Insurance Code shall, if a patient has heterogeneously dense breasts or extremely dense breasts based on the Breast Imaging Reporting and Data System established by the American College of Radiology, include in the summary of the written report sent to the patient, as required by federal law, the following notice: ‘Because your mammogram demonstrates that you have dense breast tissue, which could hide small abnormalities, you might benefit from supplementary screening tests, depending on your individual risk factors. A report of your mammography results, which contains information about your breast density, has been sent to your physician’s office and you should contact your physician if you have any questions or concerns about this report.’”

While many supporters see this as an important Bill toward women’s healthcare, many from the medical field have lobbied aggressively against such a law. Their primary complaint is that such a Bill passed as law would not impact women’s health positively; but rather, would cause undue anxiety and financial hardship as well as bog down physicians and the medical system with excessive demands by women wanting expensive ultrasound and MRI testing beyond a mammogram. Approximately 40% of women meet the criteria of possessing dense breast tissue.

Dense Breast Tissue Support

In spite of arguments against the Bill, health providers do admit that having dense breast tissue is a risk factor associated with breast cancer. From Senator Simitian’s office, a website with frequently asked questions, information, and professional opinions about dense breasts and the risk of cancer to women lists the following quotes acknowledging that dense breast tissue is a serious risk factor that should include testing beyond a mammogram:

• “The main cause of false-negative results [in screening mammograms] is high breast density.” – National Cancer Institute, Fact Sheet – Mammograms, 2010.


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The correct bill # is SB 791 (not 179). Thanks for the great article!
Whoops! My typo. Thanks for pointing that out and for the compliment. It is appreciated.