SENATE BILL 760
Unofficial Copy 1998 Regular Session
J1 8lr1900
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By: Senator Craig
Introduced and read first time: February 27, 1998
Assigned to: Rules
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A BILL ENTITLED
1 AN ACT concerning
2 Long-Term Health Consequences of Nasal Radium Irradiation Medical
3 Procedures
4 FOR the purpose of establishing a Task Force to study the long-term health
5 consequences of nasal radium irradiation medical procedures that were used on
6 children and adults by hospitals, public clinics, and private physicians within
7 the State of Maryland during a certain period of time; providing for the
8 membership, staff, duties, and termination of the Task Force; and generally
9 relating to the study of the long-term health consequences of nasal radium
10 irradiation medical procedures.
11 BY adding to
12 Article 41 - Governor - Executive and Administrative Departments
13 Section 18-316
14 Annotated Code of Maryland
15 (1997 Replacement Volume and 1997 Supplement)
16 Preamble
17 WHEREAS, President Clinton's Advisory Committee on Human Radiation
18 Experiments has recommended that nasal radium irradiation test subjects
19 throughout the country be notified of the potential cancer and other risks and given
20 medical follow-up treatment if there is a significant risk of developing a
21 radiation-induced condition; and
22 WHEREAS, The Radiation Experiment Assessment Project has concluded that
23 children treated with nasal radium irradiation are at a 10-fold higher mortality risk
24 for cancer than veterans who were treated similarly during the 1940's; and
25 WHEREAS, The United States government has failed to notify nasal radium
26 irradiation test subjects that they are at risk for various head and neck cancers and
27 hormonal and other problems, and various government agencies have engaged in
28 possible misrepresentation, fraud, and abuse in relating the facts regarding nasal
29 radium irradiation treatment; and
Page 2 SENATE BILL 760
1 WHEREAS, Hospitals, public clinics, and private physicians have failed to
2 notify the surviving participants of nasal radium irradiation treatments of the
3 potential risks involved in the treatment; now, therefore,
4 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
5 MARYLAND, That the Laws of Maryland read as follows:
6 Article 41 - Governor - Executive and Administrative Departments
7 18-316.
8 (A) THERE IS A TASK FORCE TO STUDY THE LONG-TERM HEALTH
9 CONSEQUENCES OF NASAL RADIUM IRRADIATION MEDICAL PROCEDURES ON
10 RECIPIENTS OF THOSE PROCEDURES.
11 (B) THE TASK FORCE CONSISTS OF NINE MEMBERS AS FOLLOWS:
12 (1) ONE MEMBER OF THE SENATE OF MARYLAND, APPOINTED BY THE
13 PRESIDENT OF THE SENATE;
14 (2) ONE MEMBER OF THE HOUSE OF DELEGATES OF MARYLAND,
15 APPOINTED BY THE SPEAKER OF THE HOUSE;
16 (3) TWO REPRESENTATIVES OF THE MEDICAL AND CHIRURGICAL
17 FACULTY OF MARYLAND, APPOINTED BY THE GOVERNOR;
18 (4) ONE REPRESENTATIVE OF THE MARYLAND HOSPITAL ASSOCIATION,
19 APPOINTED BY THE GOVERNOR;
20 (5) THREE MEMBERS OF THE PUBLIC, JOINTLY APPOINTED BY THE
21 GOVERNOR, THE PRESIDENT, AND THE SPEAKER; AND
22 (6) THE SECRETARY OF HEALTH AND MENTAL HYGIENE.
23 (C) THE SECRETARY OF HEALTH AND MENTAL HYGIENE SHALL SERVE AS
24 CHAIRMAN OF THE TASK FORCE.
25 (D) A MEMBER OF THE TASK FORCE:
26 (1) MAY NOT RECEIVE COMPENSATION FOR SERVING ON THE TASK
27 FORCE; BUT
28 (2) IS ENTITLED TO REIMBURSEMENT FOR EXPENSES UNDER THE
29 STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET.
30 (E) THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE SHALL PROVIDE
31 STAFF FOR THE TASK FORCE.
32 (F) THE TASK FORCE SHALL:
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1 (1) DETERMINE WHETHER SURVIVING RECIPIENTS OF NASAL RADIUM
2 IRRADIATION TREATMENTS HAVE CONTRACTED HEAD, NECK, OR OTHER CANCERS
3 OR HEALTH PROBLEMS THAT COULD BE ATTRIBUTED TO THOSE TREATMENTS;
4 (2) OTHERWISE DETERMINE THE CURRENT STATE OF HEALTH OF
5 SURVIVING RECIPIENTS OF NASAL RADIUM IRRADIATION TREATMENTS WHO
6 RECEIVED THOSE TREATMENTS AT ANY TIME FROM 1948 THROUGH 1960;
7 (3) MAKE OTHER APPROPRIATE FINDINGS IN RELATION TO NASAL
8 RADIUM IRRADIATION TREATMENT AND ITS EFFECT ON THE RECIPIENTS OF THAT
9 TREATMENT; AND
10 (4) DETERMINE HOW RECIPIENTS OF NASAL RADIUM IRRADIATION
11 TREATMENT SHOULD BE:
12 (I) NOTIFIED OF THE RISK OF CANCER AND OTHER DISEASES AND
13 DISORDERS; AND
14 (II) ADMINISTERED APPROPRIATE MEDICAL CARE AND
15 TREATMENT.
16 (G) NOT LATER THAN DECEMBER 31, 1999, THE TASK FORCE SHALL SUBMIT A
17 REPORT OF ITS FINDINGS AND RECOMMENDATIONS TO THE GOVERNOR AND,
18 SUBJECT TO § 2-1246 OF THE STATE GOVERNMENT ARTICLE, TO THE GENERAL
19 ASSEMBLY.
20 (H) THE TASK FORCE SHALL TERMINATE ON JANUARY 1, 2000.
21 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
22 October 1, 1998.