[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

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 1739]]
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 1740]]
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.