Bill Text: NY S05520 | 2013-2014 | General Assembly | Amended

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Bill Title: Authorizes long term antibiotic treatment for certain patients with Lyme disease and provides that physicians shall not be subject to disciplinary action for such treatment.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2014-04-30 - PRINT NUMBER 5520B [S05520 Detail]

Download: New_York-2013-S05520-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5520--B
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 16, 2013
                                      ___________
       Introduced by Sens. GIPSON, CARLUCCI, HOYLMAN, LATIMER -- read twice and
         ordered  printed, and when printed to be committed to the Committee on
         Health -- committee discharged, bill  amended,  ordered  reprinted  as
         amended  and  recommitted  to  said  committee  --  recommitted to the
         Committee on Health in accordance  with  Senate  Rule  6,  sec.  8  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       AN ACT to amend the public health law, in relation to  authorizing  long
         term antibiotic treatment for certain patients with Lyme disease
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Legislative  findings  and  intent.  Lyme  disease  is  an
    2  infection transmitted to humans by ticks at epidemic proportions.  Based
    3  on  New York state department of health figures, over 50,000 state resi-
    4  dents contracted Lyme disease in 2012  alone.    In  the  case  of  Lyme
    5  disease,  the  practice  of  medicine  has  not  kept pace with research
    6  advances on the biological agents responsible for the disease  symptoms.
    7  Outdated  and  disputed diagnostic and treatment guidelines prevent many
    8  of those afflicted from receiving evidenced-based treatment options that
    9  could mean the difference between a healthy life and one of chronic pain
   10  and progressive disability. Where science  and  medicine  are  evolving,
   11  patients'  rights  must  be paramount. Patients with Lyme disease should
   12  have the same rights as those with other diseases. They  must  have  the
   13  right  to  be seen and treated by the practitioner of their choice, have
   14  the right to be informed that there are differing professional judgments
   15  about appropriate care for Lyme  disease,  and  to  participate  in  the
   16  choice of treatment as it pertains to their circumstance and preference.
   17  The rights of the patients hinge upon the ability of the practitioner to
   18  act  in  the  best interest of the patient without fear of reprisal from
   19  the professional discipline system when more than one set of  guidelines
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11023-09-4
       S. 5520--B                          2
    1  exist.  This  legislation  intends  to protect the rights of patients to
    2  access evidence-based treatment options for Lyme disease, in New York.
    3    S 2. The public health law is amended by adding a new section 230-e to
    4  read as follows:
    5    S  230-E. DIAGNOSIS AND TREATMENT OF LYME DISEASE. 1. FOR THE PURPOSES
    6  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    7    (A) "LYME DISEASE" MEANS THE PROFESSIONAL CLINICAL  DIAGNOSIS  OF  THE
    8  PRESENCE  IN  A  PATIENT  OF  SIGNS  AND  SYMPTOMS COMPATIBLE WITH ACUTE
    9  INFECTION WITH BORRELIA BURGDORFERI,  OR  WITH  LATE  STAGE  OR  CHRONIC
   10  INFECTION  WITH  BORRELIA  BURGDORFERI, OR WITH COMPLICATIONS RELATED TO
   11  SUCH AN INFECTION. "LYME DISEASE" INCLUDES  INFECTION  WHICH  MEETS  THE
   12  SURVEILLANCE  CRITERIA  SET  FORTH BY THE US CENTERS FOR DISEASE CONTROL
   13  AND PREVENTION (CDC), BUT ALSO INCLUDES OTHER ACUTE AND CHRONIC MANIFES-
   14  TATIONS OF SUCH AN INFECTION AS DETERMINED BY A DIAGNOSING  HEALTH  CARE
   15  PROFESSIONAL.
   16    (B)  "LONG  TERM  ANTIBIOTIC  THERAPY"  MEANS  ADMINISTRATION OF ORAL,
   17  INTRAMUSCULAR OR INTRAVENOUS ANTIBIOTICS, SINGLY OR IN COMBINATION,  FOR
   18  PERIODS OF GREATER THAN FOUR WEEKS.
   19    (C)  "HEALTH  CARE  PROFESSIONAL"  MEANS  A  HEALTH  CARE PROFESSIONAL
   20  AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE  EDUCATION  LAW,  ACTING
   21  WITHIN THE LAWFUL SCOPE OF HIS OR HER PRACTICE.
   22    2.  A  HEALTH CARE PROFESSIONAL MAY PRESCRIBE, ADMINISTER, OR DISPENSE
   23  ANTIBIOTIC THERAPY TO A PATIENT IN ORDER TO ELIMINATE SUCH INFECTION  OR
   24  CONTROL  A  PATIENT'S  SYMPTOMS UPON MAKING A CLINICAL DIAGNOSIS OF LYME
   25  DISEASE. NO HEALTH CARE PROFESSIONAL SHALL BE  SUBJECT  TO  PROFESSIONAL
   26  DISCIPLINE  UNDER  THIS  ARTICLE OR TITLE EIGHT OF THE EDUCATION LAW FOR
   27  PRESCRIBING, ADMINISTERING OR DISPENSING LONG-TERM ANTIBIOTIC THERAPY OR
   28  OTHER CARE THAT THE HEALTH CARE PROFESSIONAL DETERMINES TO BE REASONABLE
   29  AND INTENDED  TO  BENEFIT  A  PATIENT  CLINICALLY  DIAGNOSED  WITH  LYME
   30  DISEASE.
   31    S  3.  This  act  shall take effect immediately and shall apply to any
   32  professional discipline matter  or  administrative  or  judicial  review
   33  thereof pending on or after the date on which this act takes effect.