senate Bill S5520B

2013-2014 Legislative Session

Authorizes long term antibiotic treatment for certain patients with Lyme disease

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 30, 2014 print number 5520b
amend and recommit to health
Jan 08, 2014 referred to health
May 28, 2013 print number 5520a
amend and recommit to health
May 16, 2013 referred to health

S5520 - Details

Law Section:
Public Health Law
Laws Affected:
Add §230-e, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:
A7558

S5520 - 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.

S5520 - Sponsor Memo

S5520 - Bill Text download pdf

                    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

Co-Sponsors

S5520A - Details

Law Section:
Public Health Law
Laws Affected:
Add §230-e, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:
A7558

S5520A - 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.

S5520A - Sponsor Memo

S5520A - Bill Text download pdf

                    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:

  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 THE EDUCATION LAW 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.
                                                           LBD11023-04-3

Co-Sponsors

view additional co-sponsors

S5520B (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Add §230-e, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:
A7558

S5520B (ACTIVE) - 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.

S5520B (ACTIVE) - Sponsor Memo

S5520B (ACTIVE) - Bill Text download pdf

                    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

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