senate Bill S5520A

2013-2014 Legislative Session

Authorizes long term antibiotic treatment for certain patients with Lyme disease

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Archive: Last Bill Status - In Committee


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

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Actions

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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

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S5520 - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add Art 27-I §§2798-a - 2798-b, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:
A7558

S5520 - Bill Texts

view 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.

view 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 full 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

  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.

Co-Sponsors

S5520A - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add Art 27-I §§2798-a - 2798-b, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:
A7558

S5520A - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5520A

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 full 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

S. 5520--A                          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.

Co-Sponsors

view additional co-sponsors

S5520B (ACTIVE) - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add Art 27-I §§2798-a - 2798-b, Pub Health L
Versions Introduced in 2013-2014 Legislative Session:
A7558

S5520B (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5520B

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: Allows for a licensed physician to prescribe, administer or
dispense long-term antibiotic therapy to a patient upon making a
clinical diagnosis that such patient has Lyme disease and as a result,
cannot face disciplinary action by the New York State Board of
Professional Medical Conduct solely for prescribing, administering, or
dispensing such treatment.

SUMMARY OF PROVISIONS:

Section 1 outlines the legislative intent and findings.

Section 2 amends the public health law adds a new article relating to
the diagnosis and treatment of Lyme disease. It sets forth that a
healthcare 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.

This section stipulates that no physician shall be subject to
professional discipline under this article or title eight of the
education law prescribing, administering or dispensing long-term
antibiotic therapy or other care that the healthcare professional
determines to be reasonable and intended to benefit a patient
clinically diagnosed with Lyme disease.

Section 3 sets forth that this bill 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.

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, but also ease the pain of patients who continue to suffer
with this debilitating disease.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This bill shall take effect immediately.

view full 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

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.

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