1. The Laws of New York
  2. Consolidated Laws
  3. Public Health
  4. Article 2: The Department of Health
  5. Title 1: Officers and Employees

Section 206-B Special requirements with respect to Lyme disease diagnosis

Public Health (PBH)

1. Within thirty days after the effective date of this section, the commissioner shall, in writing, order every physician practicing in Suffolk, Westchester and Nassau counties to review the medical records of any patient such physician treated during the period commencing January first, nineteen hundred seventy-five and ending on the date of such order wherein such physician made a diagnosis of juvenile rheumatoid arthritis and to review the circumstances of such diagnosis to reconsider whether such patient has suffered, or is suffering, from the complex, multi-system disorder caused by the bacterium Borrelia burgdorferi, which disease is transmitted by the Ixodes dammini tick and is commonly referred to as "Lyme disease". In any case where a hospital or other health care institution or provider has custody or control of the medical records for a patient so diagnosed, upon request such physician shall be entitled to review such medical records for purposes of complying with such order or the commissioner may order any such hospital or other health care institution or provider wherever situated within the state to review such records to reconsider a diagnosis of Lyme disease.

  2. The commissioner, upon a showing that there is a reasonable basis to believe that the order provided for herein has not been complied with, shall be entitled to apply to a justice of the supreme court for an order requiring any such physician to submit for the commissioner's consideration such records, charts or other pertinent data which will enable him to determine whether there has been full compliance with such order.

  3. In any case where a review of such records indicates that a patient may have been, or is, suffering from Lyme disease, such physician shall, consistent with customary and acceptable medical standards, take such action he deems necessary to inform such patient or in the case of a minor, his or her parent or guardian of his findings, conduct additional tests, administer other necessary treatments or refer such patient to another physician for further diagnosis and/or treatment.