Bill Text: IA HF2591 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to Lyme disease, including notice and consent provisions required for Lyme disease testing, and continuing education requirements for health care providers.(Formerly HF 2289.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-03-06 - Amendment H-8166 filed. H.J. 540. [HF2591 Detail]
Download: Iowa-2023-HF2591-Introduced.html
House
File
2591
-
Introduced
HOUSE
FILE
2591
BY
COMMITTEE
ON
HEALTH
AND
HUMAN
SERVICES
(SUCCESSOR
TO
HF
2289)
A
BILL
FOR
An
Act
relating
to
Lyme
disease,
including
notice
and
consent
1
provisions
required
for
Lyme
disease
testing,
and
continuing
2
education
requirements
for
health
care
providers.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
NEW
SECTION
.
135.194
Lyme
disease
——
laboratory
1
test
——
notice
requirement
and
content
——
cause
of
action
——
2
licensee
discipline.
3
1.
A
health
care
provider
who
draws
the
blood
of
a
patient
4
to
perform
a
laboratory
test
for
the
presence
of
Lyme
disease
5
or
a
medical
laboratory
that
performs
a
laboratory
test
for
the
6
presence
of
Lyme
disease
shall
provide
the
following
written
7
notice
to
the
patient
at
the
time
the
patient’s
blood
is
drawn:
8
Your
health
care
provider
has
ordered
a
laboratory
test
9
for
the
presence
of
Lyme
disease
for
you.
Current
laboratory
10
testing
for
Lyme
disease
can
be
problematic
and
standard
11
laboratory
tests
often
result
in
false
negative
and
false
12
positive
results
and,
if
performed
too
early,
you
may
not
have
13
produced
enough
antibodies
to
be
considered
positive
because
14
your
immune
response
requires
time
to
develop
antibodies.
15
If
you
are
tested
for
the
presence
of
Lyme
disease
and
the
16
results
are
negative,
this
does
not
necessarily
mean
you
do
not
17
have
Lyme
disease.
If
you
continue
to
experience
unexplained
18
symptoms,
you
should
contact
your
health
care
provider
and
19
inquire
about
the
appropriateness
of
retesting
or
initial
or
20
additional
treatment.
21
2.
At
any
time,
if
the
department
determines
there
are
22
significant
differences
between
the
content
of
the
notice
23
required
by
subsection
1
and
the
most
recent
medical
evidence
24
on
Lyme
disease
testing,
the
department
may
adopt
rules
25
pursuant
to
chapter
17A
to
amend
the
content
of
the
notice
to
26
reflect
the
most
recent
medical
evidence.
27
3.
The
provision
by
a
health
care
provider
or
medical
28
laboratory
of
the
notice
required
by
this
section
shall
not
be
29
the
sole
basis
for
a
cause
of
action
or
licensee
discipline.
30
4.
For
the
purposes
of
this
section:
31
a.
“Health
care
provider”
means
an
individual
licensed
32
under
chapter
148,
148C,
148D,
152,
or
152E,
or
any
individual
33
who
provides
medical
services
under
the
authorization
of
the
34
licensee.
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b.
“Medical
laboratory”
means
any
facility,
entity,
or
site
1
that
offers
or
performs
tests
or
examinations
in
connection
2
with
the
diagnosis
and
control
of
human
diseases
or
the
3
assessment
of
human
health,
nutritional,
or
medical
conditions.
4
Sec.
2.
NEW
SECTION
.
135.195
Continuing
education
——
5
treatment
strategies
for
prolonged
symptoms
due
to
Lyme
disease.
6
Each
licensing
board
for
a
health
care
provider
as
defined
7
in
section
135.194
shall
develop
continuing
education
8
requirements
regarding
treatment
strategies
to
assist
patients
9
with
prolonged
symptoms
due
to
Lyme
disease
in
managing
and
10
recovering
from
these
prolonged
symptoms.
11
Sec.
3.
Section
147.56,
Code
2024,
is
amended
to
read
as
12
follows:
13
147.56
Lyme
disease
treatment
——
laboratory
testing
notice
——
14
exemption
from
licensee
discipline.
15
1.
A
person
licensed
by
a
board
under
this
subtitle
shall
16
not
be
subject
to
discipline
under
this
chapter
or
the
board’s
17
enabling
statute
based
solely
on
the
licensee’s
recommendation
18
or
provision
of
a
treatment
method
for
Lyme
disease
or
other
19
tick-borne
disease
if
the
recommendation
or
provision
of
such
20
treatment
meets
all
the
following
criteria:
21
1.
a.
The
treatment
is
provided
after
an
examination
is
22
performed
and
informed
consent
is
received
from
the
patient.
23
2.
b.
The
licensee
identifies
a
medical
reason
for
24
recommending
or
providing
the
treatment.
25
3.
c.
The
treatment
is
provided
after
the
licensee
informs
26
the
patient
about
other
recognized
treatment
options
and
27
describes
to
the
patient
the
licensee’s
education,
experience,
28
and
credentials
regarding
the
treatment
of
Lyme
disease
or
29
other
tick-borne
disease.
30
4.
d.
The
licensee
uses
the
licensee’s
own
medical
31
judgment
based
on
a
thorough
review
of
all
available
clinical
32
information
and
Lyme
disease
or
other
tick-borne
disease
33
literature
to
determine
the
best
course
of
treatment
for
the
34
individual
patient.
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5.
e.
The
treatment
will
not,
in
the
opinion
of
the
1
licensee,
result
in
the
direct
and
proximate
death
of
or
2
serious
bodily
injury
to
the
patient.
3
2.
A
health
care
provider
as
defined
in
section
135.194
4
shall
not
be
subject
to
licensee
discipline
under
this
chapter
5
or
the
board’s
enabling
statute
solely
on
the
basis
of
the
6
provision
of
the
notice
required
by
section
135.194.
7
Sec.
4.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
is
directed
8
to
create
a
new
subchapter
XXXVII
in
chapter
135
as
follows:
9
Subchapter
XXXVII
shall
be
entitled
“LYME
DISEASE
TESTING
——
10
NOTICE
AND
CONSENT
REQUIREMENTS
——
CONTINUING
EDUCATION”
and
11
include
sections
135.194
and
135.195.
12
EXPLANATION
13
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
14
the
explanation’s
substance
by
the
members
of
the
general
assembly.
15
This
bill
relates
to
notice
and
consent
requirements
for
16
testing
and
treatment
of
Lyme
disease.
17
The
bill
provides
that
a
health
care
provider
who
draws
18
the
blood
of
a
patient
to
perform
a
laboratory
test
for
19
the
presence
of
Lyme
disease
or
a
medical
laboratory
that
20
performs
a
laboratory
test
for
the
presence
of
Lyme
disease
21
shall
provide
the
written
notice
prescribed
in
the
bill
to
22
the
patient
at
the
time
the
patient’s
blood
is
drawn.
The
23
notice
must
include
statements
that:
current
laboratory
24
testing
for
the
presence
of
Lyme
disease
can
be
problematic
25
and
standard
laboratory
tests
often
result
in
false
negative
26
and
false
positive
results;
that
if
testing
is
performed
too
27
early,
the
patient
may
not
have
produced
enough
antibodies
to
28
be
considered
positive
because
the
patient’s
immune
response
29
requires
time
to
develop
antibodies;
that
if
the
patient
is
30
tested
for
the
presence
of
Lyme
disease
and
the
results
are
31
negative,
this
does
not
necessarily
mean
the
patient
does
32
not
have
Lyme
disease;
and
that
if
the
patient
continues
33
to
experience
unexplained
symptoms,
the
patient
should
34
contact
the
patient’s
health
care
provider
and
inquire
about
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the
appropriateness
of
retesting
or
initial
or
additional
1
treatment.
2
If
at
any
time
the
department
of
health
and
human
services
3
(HHS)
finds
there
are
significant
differences
between
the
4
content
of
the
required
notice
and
the
most
recent
medical
5
evidence
on
Lyme
disease
testing,
HHS
may
adopt
administrative
6
rules
to
amend
the
content
of
the
notice
to
reflect
the
most
7
recent
medical
evidence.
Additionally,
the
provision
by
a
8
health
care
provider
or
medical
laboratory
of
the
notice
9
required
under
the
bill
shall
not
be
the
sole
basis
for
a
cause
10
of
action
or
licensee
discipline.
11
“Health
care
provider”
and
“medical
laboratory”
are
defined
12
in
the
bill.
13
The
bill
also
requires
professional
licensing
boards
14
for
health
care
providers
to
develop
continuing
education
15
requirements
regarding
treatment
strategies
to
assist
patients
16
with
prolonged
symptoms
due
to
Lyme
disease
in
managing
and
17
recovering
from
these
prolonged
symptoms.
18
The
bill
also
amends
a
Code
provision
relating
to
Lyme
19
disease
treatment
and
exemption
from
licensee
discipline
to
20
provide
that
a
health
care
provider
as
defined
under
the
bill
21
shall
not
be
subject
to
licensee
discipline
under
Code
chapter
22
147
(general
provisions,
health-related
professions)
or
the
23
health
licensing
board’s
enabling
statute
solely
on
the
basis
24
of
the
provision
of
the
notice
required
under
the
bill.
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