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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5520
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 16, 2013
                                      ___________
       Introduced  by  Sen.  GIPSON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       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. The public health law is amended by adding  a  new  article
    2  27-I to read as follows:
    3                                ARTICLE 27-I
    4                           TREATMENT OF LYME DISEASE
    5    SECTION 2798-A. DEFINITIONS.
    6            2798-B. DIAGNOSIS AND TREATMENT OF LYME DISEASE.
    7    S  2798-A. DEFINITIONS.  FOR THE PURPOSES OF THIS SECTION, THE FOLLOW-
    8  ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    9    1. "BOARD" MEANS THE NEW YORK STATE  BOARD  FOR  PROFESSIONAL  MEDICAL
   10  CONDUCT;
   11    2.  "LYME  DISEASE" MEANS THE CLINICAL DIAGNOSIS BY A PHYSICIAN OF THE
   12  PRESENCE IN A PATIENT  OF  SIGNS  AND  SYMPTOMS  COMPATIBLE  WITH  ACUTE
   13  INFECTION  WITH  BORRELIA  BURGDORFERI,  OR  WITH  LATE STAGE OR CHRONIC
   14  INFECTION WITH BORRELIA BURGDORFERI, OR WITH  COMPLICATIONS  RELATED  TO
   15  SUCH  AN  INFECTION.  "LYME  DISEASE" INCLUDES INFECTION WHICH MEETS THE
   16  SURVEILLANCE CRITERIA SET FORTH BY THE US CENTERS  FOR  DISEASE  CONTROL
   17  AND PREVENTION (CDC), BUT ALSO INCLUDES OTHER ACUTE AND CHRONIC MANIFES-
   18  TATIONS OF SUCH AN INFECTION AS DETERMINED BY THE PHYSICIAN;
   19    3.  "PHYSICIAN" MEANS PERSONS LICENSED PURSUANT TO ARTICLE ONE HUNDRED
   20  THIRTY-ONE OF THIS CHAPTER BY THE BOARD;
   21    4. "THERAPEUTIC PURPOSE" MEANS THE USE OF  ANTIBIOTICS  TO  CONTROL  A
   22  PATIENT'S  SYMPTOMS DETERMINED BY THE PHYSICIAN AS REASONABLY RELATED TO
   23  LYME DISEASE AND ITS SEQUELAE;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11023-02-3
       S. 5520                             2
    1    5. "LONG TERM ANTIBIOTIC THERAPY" MEANS ADMINISTRATION OF ORAL, INTRA-
    2  MUSCULAR OR INTRAVENOUS ANTIBIOTICS, SINGLY OR IN COMBINATION, FOR PERI-
    3  ODS OF GREATER THAN FOUR WEEKS.
    4    S  2798-B.  DIAGNOSIS  AND  TREATMENT  OF LYME DISEASE. (A) A LICENSED
    5  PHYSICIAN MAY PRESCRIBE, ADMINISTER  OR  DISPENSE  LONG-TERM  ANTIBIOTIC
    6  THERAPY  TO  A  PATIENT  FOR  A THERAPEUTIC PURPOSE THAT ELIMINATES SUCH
    7  INFECTION OR CONTROLS A PATIENT'S SYMPTOMS UPON MAKING A CLINICAL  DIAG-
    8  NOSIS THAT SUCH PATIENT HAS LYME DISEASE OR DISPLAYS SYMPTOMS CONSISTENT
    9  WITH  A CLINICAL DIAGNOSIS OF LYME DISEASE, PROVIDED SUCH CLINICAL DIAG-
   10  NOSIS AND TREATMENT ARE DOCUMENTED IN THE PATIENT'S MEDICAL  RECORDS  BY
   11  SUCH  LICENSED PHYSICIAN.  NO PHYSICIAN SHALL BE SUBJECT TO DISCIPLINARY
   12  ACTION BY THE BOARD SOLELY FOR PRESCRIBING, ADMINISTERING OR  DISPENSING
   13  LONG-TERM  ANTIBIOTIC  THERAPY  FOR  A THERAPEUTIC PURPOSE FOR A PATIENT
   14  CLINICALLY DIAGNOSED WITH LYME DISEASE, IF SUCH DIAGNOSIS AND  TREATMENT
   15  PLAN  HAS  BEEN  DOCUMENTED  IN  THE PHYSICIAN'S MEDICAL RECORD FOR THAT
   16  PATIENT.
   17    (B) NOTHING IN THIS SECTION DENIES THE RIGHT OF  THE  BOARD  TO  DENY,
   18  REVOKE, OR SUSPEND THE LICENSE OF ANY PHYSICIAN OR DISCIPLINE ANY PHYSI-
   19  CIAN  WHO  PRESCRIBES,  ADMINISTERS,  OR  DISPENSES LONG-TERM ANTIBIOTIC
   20  THERAPY FOR A NON-THERAPEUTIC PURPOSE, OR WHO FAILS TO MONITOR THE ONGO-
   21  ING CARE OF A PATIENT RECEIVING LONG-TERM  ANTIBIOTIC  THERAPY,  OR  WHO
   22  FAILS TO KEEP COMPLETE AND ACCURATE ONGOING RECORDS OF THE DIAGNOSIS AND
   23  TREATMENT OF A PATIENT RECEIVING LONG-TERM ANTIBIOTIC THERAPY.
   24    S 2. This act shall take effect immediately.