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

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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5520--A
                              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  --  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.  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 THE EDUCATION LAW 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.
                                                                  LBD11023-04-3
       S. 5520--A                          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.