senate Bill S5520

Amended

Authorizes long term antibiotic treatment for certain patients with Lyme disease

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 16 / May / 2013
    • REFERRED TO HEALTH
  • 28 / May / 2013
    • AMEND AND RECOMMIT TO HEALTH
  • 28 / May / 2013
    • PRINT NUMBER 5520A
  • 08 / Jan / 2014
    • REFERRED TO HEALTH
  • 30 / Apr / 2014
    • AMEND AND RECOMMIT TO HEALTH
  • 30 / Apr / 2014
    • PRINT NUMBER 5520B

Summary

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.

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Bill Details

Versions:
S5520
S5520A
S5520B
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 27-I ยงยง2798-a - 2798-b, Pub Health L
Versions Introduced in 2013-2014 Legislative Cycle:
A7558

Sponsor Memo

BILL NUMBER:S5520

TITLE OF BILL: An act to amend the public health law, in relation to
authorizing long term antibiotic treatment for certain patients with
Lyme disease

PURPOSE: To authorize the usage of antibiotics as a therapeutic long
term treatment for chronic Lyme Disease.

SUMMARY OF PROVISIONS: This bill amends the public health law to add
a new article relating to the diagnosis and treatment of Lyme disease.
This new article defines Lyme disease to include infection which meets
the surveillance criteria set forth by the US Centers for Disease
Control and Prevention (CDC) and other acute and chronic
manifestations of such an infection as determined by the physician. In
addition, it sets forth that licensed physicians may prescribe,
administer or dispense long-term antibiotic therapy for a patient with
Lyme disease.

This new article denies the right of the medical board to deny,
revoke, or suspend the license of a physician or discipline any
physician who prescribes, administers or dispense long-term antibiotic
therapy for therapeutic purpose for a patient clinically diagnosed
with Lyme Disease.

Finally, the article sets forth that nothing in this section denies
the right of the board to deny, revoke, or suspend the license of any
physician who prescribes, administers or dispense long-term antibiotic
therapy for non-therapeutic reasons, or fails to monitor a patient
receiving such treatment or who fails to maintain complete or accurate
records.

Section 2 sets forth that this bill shall take effect immediately.

JUSTIFICATION: Cases of Lyme Disease, which are often caused by bites
from deer ticks, have grown tremendously in New York State in the past
decade. While many cases are treated within 14-28 days after symptoms
erupt and are successfully eradicated, chronic Lyme Disease can occur
if treatment is not sought immediately. The symptoms can range from
flu-like symptoms, such as fatigue, chills, fever, and headache, to
swelling of the joints, and heart and central nervous system problems
if left untreated.

Currently, there is no definitive testing or treatment for chronic
Lyme Disease. Doctors are left to treat patients in the best way
possible, Prescribing antibiotics, a standard prescription for Lyme
Disease, for therapeutic long term treatment of symptoms. However,
because of the lack of consensus surrounding treatment and diagnosis
for chronic Lyme Disease, and the cost of such treatments for
insurance companies, these doctors are being investigated by insurers
and licensing boards, with the possibility of losing their medical
license. This legislation allows doctors to prescribe long term
antibiotic therapy to a person with symptoms of chronic Lyme Disease
if the diagnosis and treatment plan is documented in the Physician's
record for the patient, and if the physician monitors the ongoing care
of the patient receiving treatment. This will not only protect


doctors, hilt also ease the main of Patients who continue to suffer
with this debilitating disease.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This bill shall take effect immediately.

view bill text
                    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:

  Section 1. The public health law is amended by adding  a  new  article
27-I to read as follows:
                              ARTICLE 27-I
                         TREATMENT OF LYME DISEASE
  SECTION 2798-A. DEFINITIONS.
          2798-B. DIAGNOSIS AND TREATMENT OF LYME DISEASE.
  S  2798-A. DEFINITIONS.  FOR THE PURPOSES OF THIS SECTION, THE FOLLOW-
ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "BOARD" MEANS THE NEW YORK STATE  BOARD  FOR  PROFESSIONAL  MEDICAL
CONDUCT;
  2.  "LYME  DISEASE" MEANS THE CLINICAL DIAGNOSIS BY A PHYSICIAN OF THE
PRESENCE IN A PATIENT  OF  SIGNS  AND  SYMPTOMS  COMPATIBLE  WITH  ACUTE
INFECTION  WITH  BORRELIA  BURGDORFERI,  OR  WITH  LATE STAGE OR CHRONIC
INFECTION WITH BORRELIA BURGDORFERI, OR WITH  COMPLICATIONS  RELATED  TO
SUCH  AN  INFECTION.  "LYME  DISEASE" INCLUDES INFECTION WHICH MEETS THE
SURVEILLANCE CRITERIA SET FORTH BY THE US CENTERS  FOR  DISEASE  CONTROL
AND PREVENTION (CDC), BUT ALSO INCLUDES OTHER ACUTE AND CHRONIC MANIFES-
TATIONS OF SUCH AN INFECTION AS DETERMINED BY THE PHYSICIAN;
  3.  "PHYSICIAN" MEANS PERSONS LICENSED PURSUANT TO ARTICLE ONE HUNDRED
THIRTY-ONE OF THIS CHAPTER BY THE BOARD;
  4. "THERAPEUTIC PURPOSE" MEANS THE USE OF  ANTIBIOTICS  TO  CONTROL  A
PATIENT'S  SYMPTOMS DETERMINED BY THE PHYSICIAN AS REASONABLY RELATED TO
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

  5. "LONG TERM ANTIBIOTIC THERAPY" MEANS ADMINISTRATION OF ORAL, INTRA-
MUSCULAR OR INTRAVENOUS ANTIBIOTICS, SINGLY OR IN COMBINATION, FOR PERI-
ODS OF GREATER THAN FOUR WEEKS.
  S  2798-B.  DIAGNOSIS  AND  TREATMENT  OF LYME DISEASE. (A) A LICENSED
PHYSICIAN MAY PRESCRIBE, ADMINISTER  OR  DISPENSE  LONG-TERM  ANTIBIOTIC
THERAPY  TO  A  PATIENT  FOR  A THERAPEUTIC PURPOSE THAT ELIMINATES SUCH
INFECTION OR CONTROLS A PATIENT'S SYMPTOMS UPON MAKING A CLINICAL  DIAG-
NOSIS THAT SUCH PATIENT HAS LYME DISEASE OR DISPLAYS SYMPTOMS CONSISTENT
WITH  A CLINICAL DIAGNOSIS OF LYME DISEASE, PROVIDED SUCH CLINICAL DIAG-
NOSIS AND TREATMENT ARE DOCUMENTED IN THE PATIENT'S MEDICAL  RECORDS  BY
SUCH  LICENSED PHYSICIAN.  NO PHYSICIAN SHALL BE SUBJECT TO DISCIPLINARY
ACTION BY THE BOARD SOLELY FOR PRESCRIBING, ADMINISTERING OR  DISPENSING
LONG-TERM  ANTIBIOTIC  THERAPY  FOR  A THERAPEUTIC PURPOSE FOR A PATIENT
CLINICALLY DIAGNOSED WITH LYME DISEASE, IF SUCH DIAGNOSIS AND  TREATMENT
PLAN  HAS  BEEN  DOCUMENTED  IN  THE PHYSICIAN'S MEDICAL RECORD FOR THAT
PATIENT.
  (B) NOTHING IN THIS SECTION DENIES THE RIGHT OF  THE  BOARD  TO  DENY,
REVOKE, OR SUSPEND THE LICENSE OF ANY PHYSICIAN OR DISCIPLINE ANY PHYSI-
CIAN  WHO  PRESCRIBES,  ADMINISTERS,  OR  DISPENSES LONG-TERM ANTIBIOTIC
THERAPY FOR A NON-THERAPEUTIC PURPOSE, OR WHO FAILS TO MONITOR THE ONGO-
ING CARE OF A PATIENT RECEIVING LONG-TERM  ANTIBIOTIC  THERAPY,  OR  WHO
FAILS TO KEEP COMPLETE AND ACCURATE ONGOING RECORDS OF THE DIAGNOSIS AND
TREATMENT OF A PATIENT RECEIVING LONG-TERM ANTIBIOTIC THERAPY.
  S 2. This act shall take effect immediately.

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