[108th Congress Public Law 365]
[From the U.S. Government Printing Office]


[DOCID: f:publ365.108]

[[Page 1737]]

        MAMMOGRAPHY QUALITY STANDARDS REAUTHORIZATION ACT OF 2004

[[Page 118 STAT. 1738]]

Public Law 108-365
108th Congress

                                 An Act


 
 To amend the Public Health Service Act to revise and extend provisions 
      relating to mammography quality standards. <<NOTE: Oct. 25, 
                         2004 -  [H.R. 4555]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Mammography Quality 
Standards Reauthorization Act of 2004. 42 USC 201 note.>> assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mammography Quality Standards 
Reauthorization Act of 2004''.

SEC. 2. TEMPORARY RENEWAL AND LIMITED PROVISIONAL CERTIFICATE.

    Section 354 of the Public Health Service Act (42 U.S.C. 263b) is 
amended--
            (1) in subsection (b)(1)--
                    (A) in subparagraph (A)--
                          (i) in the matter preceding clause (i), by 
                      inserting ``or a temporary renewal certificate'' 
                      after ``certificate''; and
                          (ii) in clause (i), by striking ``subsection 
                      (c)(1)'' and inserting ``paragraphs (1) or (2) of 
                      subsection (c)'';
                    (B) in subparagraph (B)--
                          (i) in the matter preceding clause (i), by 
                      inserting ``or a limited provisional certificate'' 
                      after ``certificate''; and
                          (ii) in clause (i), by striking ``subsection 
                      (c)(2)'' and inserting ``paragraphs (3) and (4) of 
                      subsection (c)''; and
                    (C) in the flush matter at the end, by striking 
                ``provisional certificate'' and inserting ``temporary 
                renewal certificate, provisional certificate, or a 
                limited provisional certificate''; and
            (2) in subsection (c)--
                    (A) by redesignating paragraph (2) as paragraph (4); 
                and
                    (B) by inserting after paragraph (1) the following:
            ``(2) Temporary renewal certificate.--The Secretary may 
        issue a temporary renewal certificate, for a period of not to 
        exceed 45 days, to a facility seeking reaccreditation if the 
        accreditation body has issued an accreditation extension, for a 
        period of not to exceed 45 days, for any of the following:
                    ``(A) The facility has submitted the required 
                materials to the accreditation body within the 
                established time

[[Page 118 STAT. 1739]]

                frames for the submission of such materials but the 
                accreditation body is unable to complete the 
                reaccreditation process before the certification 
                expires.
                    ``(B) The facility has acquired additional or 
                replacement equipment, or has had significant personnel 
                changes or other unforeseen situations that have caused 
                the facility to be unable to meet reaccreditation 
                timeframes, but in the opinion of the accreditation body 
                have not compromised the quality of mammography.
            ``(3) Limited provisional certificate.--The Secretary may, 
        upon the request of an accreditation body, issue a limited 
        provisional certificate to an entity to enable the entity to 
        conduct examinations for educational purposes while an onsite 
        visit from an accreditation body is in progress. Such 
        certificate shall be valid only during the time the site visit 
        team from the accreditation body is physically in the facility, 
        and in no case shall be valid for longer than 72 hours. The 
        issuance of a certificate under this paragraph, shall not 
        preclude the entity from qualifying for a provisional 
        certificate under paragraph (4).''.

SEC. 3. NATIONAL ADVISORY COMMITTEE.

    Section 354(n) of the Public Health Service Act (42 U.S.C. 263b(n)) 
is amended--
            (1) in paragraph (2), by striking subparagraph (C) and all 
        that follows and inserting the following:
                    ``(C) other health professionals,
        whose clinical practice, research specialization, or 
        professional expertise include a significant focus on 
        mammography. The Secretary shall appoint at least 4 individuals 
        from among national breast cancer or consumer health 
        organizations with expertise in mammography, at least 2 industry 
        representatives with expertise in mammography equipment, and at 
        least 2 practicing physicians who provide mammography 
        services.''; and
            (2) in paragraph (4), by striking ``biannually'' and 
        inserting ``annually''.

[[Page 118 STAT. 1740]]

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    Subparagraphs (A) and (B) of section 354(r)(2) of the Public Health 
Service Act (42 U.S.C. 263b(r)(2)(A) and (B)) are amended by striking 
``2002'' each place it appears and inserting ``2007''.

    Approved October 25, 2004.

LEGISLATIVE HISTORY--H.R. 4555 (S. 1879):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-694 (Comm. on Energy and Commerce).
SENATE REPORTS: No. 108-220 accompanying S. 1879 (Comm. on Health, 
Education, Labor, and Pensions).
CONGRESSIONAL RECORD, Vol. 150 (2004):
            Oct. 5, considered and passed House.
            Oct. 9, considered and passed Senate.

                                  <all>