S T A T E O F N E W Y O R K
________________________________________________________________________
10930
I N A S S E M B L Y
May 29, 2018
___________
Introduced by M. of A. BARRETT, GOTTFRIED -- read once and referred to
the Committee on Health
AN ACT to amend the public health law, in relation to charges of profes-
sional misconduct by health care professionals in the treatment or
diagnosis of patients for Lyme disease
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 9-b of section 230 of the public health law, as
amended by chapter 11 of the laws of 2015, is amended to read as
follows:
9-b. Neither the board for professional medical conduct nor the office
of professional medical conduct shall charge a licensee with misconduct
as defined in sections sixty-five hundred thirty and sixty-five hundred
thirty-one of the education law, or cause a report made to the director
of such office to be investigated beyond a preliminary review as set
forth in clause (A) of subparagraph (i) of paragraph (a) of subdivision
ten of this section, where such report is determined to be based solely
upon the recommendation or provision of a treatment modality to a
particular patient by such licensee that is not universally accepted by
the medical profession, including but not limited to, varying modalities
used in the DIAGNOSIS OR treatment of Lyme disease and other tick-borne
diseases, INCLUDING LONG-TERM ANTIBIOTIC THERAPY. When a licensee,
acting in accordance with paragraph e of subdivision four of section
sixty-five hundred twenty-seven of the education law, recommends or
provides a treatment modality that effectively treats human disease,
pain, injury, deformity or physical condition for which the licensee is
treating a patient, the recommendation or provision of that modality to
a particular patient shall not, by itself, constitute professional
misconduct. The licensee shall otherwise abide by all other applicable
professional requirements.
§ 2. Clause (A) of subparagraph (i) of paragraph (a) of subdivision 10
of section 230 of the public health law, as amended by chapter 11 of the
laws of 2015, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15951-02-8
A. 10930 2
(A) The board for professional medical conduct, by the director of the
office of professional medical conduct, may investigate on its own any
suspected professional misconduct, and shall investigate each complaint
received regardless of the source. By the conclusion of a preliminary
review, including an internal clinical review, the director shall deter-
mine if a report is based solely upon the recommendation or provision of
a treatment modality by a licensee that is not universally accepted by
the medical profession, including but not limited to varying modalities
used in the DIAGNOSIS OR treatment of Lyme disease or other tick-borne
diseases, INCLUDING LONG-TERM ANTIBIOTIC THERAPY. Upon a determination
by the director that a report is based solely upon the provision of a
treatment modality that is not universally accepted, no further review
shall be conducted and no charges shall be brought. Nothing in this
section shall preclude the director from making such a determination
earlier in, or subsequent to, a preliminary review.
§ 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 shall take
effect; provided, however, that the amendments to clause (A) of subpara-
graph (i) of paragraph (a) of subdivision 10 of section 230 of the
public health law made by section two of this act shall not affect the
expiration of such paragraph and shall be deemed to expire therewith.