10.14.03.03

.03 Requirements of Treating Physicians.

A. At any time before, but not more than 5 days after, a treating physician informs a patient of a diagnosis of breast cancer, and before treatment, the treating physician shall give the patient:

(1) The standardized written summary provided by the Department; or

(2) An equivalent summary including the requirements under Regulation .02A written in language that the patient understands.

B. A treating physician may not undertake any of the treatments described in Regulation .02A(1) until a breast cancer patient has been given the written summary described in §A(1) and (2) of this regulation.

C. A treating physician who provides a patient with the written summary required under these regulations shall have the patient sign a statement provided by the Department acknowledging receipt of the summary and shall have a copy of this signed acknowledgement placed in the patient's medical record which is used by the treating physician.

D. The requirements under this regulation do not apply if the:

(1) Treating physician certifies in writing in the patient's medical record that one of the treatments for breast cancer described in Regulation .02A(1) occurred within 5 days of the physician informing the patient of the diagnosis; and

(2) Treatment within this period of time was necessary to save the life of the patient.

E. These regulations should not be interpreted to require a waiting period between diagnosis and treatment.

F. This regulation is supplemental and additional to any other requirements established by other laws upon a treating physician and may not be regarded as in derogation or substitution of any requirements now existing upon a treating physician, such as the need to obtain informed consent for treatment.