§ 2404-d. Breast cancer; duty to provide extended hours. 1.\nApplicability. This section shall apply to any general hospital or\nextension clinic that is certified as a mammography facility pursuant to\nthe federal mammography quality standards act (MQSA).\n 2. Extended service hours. Any general hospital or extension clinic\ncertified as a mammography facility pursuant to the MQSA shall provide\nextended hours, i.e. in the early morning, evening, or weekend hours,\nfor screening mammography services. Extended hours for screening\nmammography services shall be provided on at least two days each week,\nfor at least two hours each day offered, for a total of at least four\nhours each week, including but not limited to the following times:\n (a) Monday through Friday, between the hours of 7:00 AM and 9:00 AM;\n (b) Monday through Friday, between the hours of 5:00 PM and 7:00 PM;\nor\n (c) Saturday or Sunday, between the hours of 9:00 AM and 5:00 PM.\n 3. Waiver. (a) A facility may submit an application for a waiver from\nthe requirements of this section, in whole or in part, if it can\ndemonstrate, to the department's satisfaction, that the facility:\n (i) does not have sufficient staff to provide extended hours for\nscreening mammography services in accordance with this section, and that\nit is making diligent efforts to obtain staffing such that it can\nprovide extended hours;\n (ii) is in the process of discontinuing screening mammography\nservices, as part of a consolidation or similar change; or\n (iii) is subject to such other hardships as the department deems\nappropriate.\n (b) The department may deny, grant or extend a waiver pursuant to\nparagraph (a) of this subdivision for ninety days, or more if the\ndepartment determines appropriate, in its sole discretion.\n
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