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:
Section 1. Legislative findings and intent. Lyme disease is an
infection transmitted to humans by ticks at epidemic proportions. Based
on New York state department of health figures, over 50,000 state resi-
dents contracted Lyme disease in 2012 alone. In the case of Lyme
disease, the practice of medicine has not kept pace with research
advances on the biological agents responsible for the disease symptoms.
Outdated and disputed diagnostic and treatment guidelines prevent many
of those afflicted from receiving evidenced-based treatment options that
could mean the difference between a healthy life and one of chronic pain
and progressive disability. Where science and medicine are evolving,
patients' rights must be paramount. Patients with Lyme disease should
have the same rights as those with other diseases. They must have the
right to be seen and treated by the practitioner of their choice, have
the right to be informed that there are differing professional judgments
about appropriate care for Lyme disease, and to participate in the
choice of treatment as it pertains to their circumstance and preference.
The rights of the patients hinge upon the ability of the practitioner to
act in the best interest of the patient without fear of reprisal from
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
exist. This legislation intends to protect the rights of patients to
access evidence-based treatment options for Lyme disease, in New York.
S 2. The public health law is amended by adding a new section 230-e to
read as follows:
S 230-E. DIAGNOSIS AND TREATMENT OF LYME DISEASE. 1. FOR THE PURPOSES
OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "LYME DISEASE" MEANS THE PROFESSIONAL CLINICAL DIAGNOSIS 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 A DIAGNOSING HEALTH CARE
PROFESSIONAL.
(B) "LONG TERM ANTIBIOTIC THERAPY" MEANS ADMINISTRATION OF ORAL,
INTRAMUSCULAR OR INTRAVENOUS ANTIBIOTICS, SINGLY OR IN COMBINATION, FOR
PERIODS OF GREATER THAN FOUR WEEKS.
(C) "HEALTH CARE PROFESSIONAL" MEANS A HEALTH CARE PROFESSIONAL
AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING
WITHIN THE LAWFUL SCOPE OF HIS OR HER PRACTICE.
2. A HEALTH CARE PROFESSIONAL MAY PRESCRIBE, ADMINISTER, OR DISPENSE
ANTIBIOTIC THERAPY TO A PATIENT IN ORDER TO ELIMINATE SUCH INFECTION OR
CONTROL A PATIENT'S SYMPTOMS UPON MAKING A CLINICAL DIAGNOSIS OF LYME
DISEASE. NO HEALTH CARE PROFESSIONAL SHALL BE SUBJECT TO PROFESSIONAL
DISCIPLINE UNDER THIS ARTICLE OR TITLE EIGHT OF THE EDUCATION LAW FOR
PRESCRIBING, ADMINISTERING OR DISPENSING LONG-TERM ANTIBIOTIC THERAPY OR
OTHER CARE THAT THE HEALTH CARE PROFESSIONAL DETERMINES TO BE REASONABLE
AND INTENDED TO BENEFIT A PATIENT CLINICALLY DIAGNOSED WITH LYME
DISEASE.
S 3. This act shall take effect immediately and shall apply to any
professional discipline matter or administrative or judicial review
thereof pending on or after the date on which this act takes effect.