Bill Text: MN HF1252 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Board of Medical Practice limited from bringing a disciplinary action against a physician for prescribing, administering, or dispensing long-term antibiotic therapy for chronic Lyme disease.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-03-05 - Introduction and first reading, referred to Health and Human Services Policy [HF1252 Detail]
Download: Minnesota-2013-HF1252-Introduced.html
1.2relating to public health; limiting the Board of Medical Practice from bringing
1.3a disciplinary action against a physician for prescribing, administering, or
1.4dispensing long-term antibiotic therapy for chronic Lyme disease.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. LONG-TERM ANTIBIOTIC THERAPY FOR CHRONIC LYME
1.7DISEASE.
1.8 Subdivision 1. Definitions. (a) For purposes of this section, the definitions in this
1.9subdivision have the meanings given them.
1.10(b) "Chronic Lyme disease" means the clinical diagnosis by a primary care
1.11physician, rheumatologist, infectious disease specialist, or neurologist of the presence of
1.12signs and symptoms compatible with Borrelia burgdorferi or with complications related to
1.13such an infection that persist after the completion of an established recommended course
1.14of antibiotic treatment for acute Lyme disease.
1.15(c) "Long-term antibiotic therapy" means the prolonged administration of oral,
1.16intramuscular, or intravenous antibiotics, singly or in combination, for periods of greater
1.17than the recommended 28-day course of antibiotic treatment for acute Lyme disease.
1.18(d) "Therapeutic purpose" means the use of antibiotics to control a patient's symptoms
1.19determined by the physician as reasonably related to Lyme disease and its sequelae.
1.20 Subd. 2. Long-term antibiotic therapy. (a) Notwithstanding Minnesota Statutes,
1.21section 147.091, a physician shall not be subject to disciplinary action by the Board of
1.22Medical Practice solely on the basis of prescribing, administering, or dispensing long-term
1.23antibiotic therapy for a therapeutic purpose to a patient who has been clinically diagnosed
1.24with chronic Lyme disease.
2.1(b) Nothing in this section shall prohibit the board from bringing disciplinary action
2.2against any physician who:
2.3(1) prescribes, administers, or dispenses long-term antibiotic therapy for a
2.4nontherapeutic purpose;
2.5(2) fails to monitor the ongoing care of a patient receiving long-term antibiotic
2.6therapy; or
2.7(3) fails to keep complete and accurate ongoing records of the diagnosis and
2.8treatment of a patient receiving long-term antibiotic therapy.
2.9 Subd. 3. Sunset. This section expires July 1, 2019, or upon the passage of federal
2.10legislation that provides for a scientifically qualified assessment of the research gaps
2.11in the diagnosis and treatment of chronic Lyme disease and an evaluation of treatment
2.12guidelines and their utilization, whichever is later.
2.13 Sec. 2. EFFECTIVE DATE.
2.14Section 1 is effective the day following final enactment.
1.3a disciplinary action against a physician for prescribing, administering, or
1.4dispensing long-term antibiotic therapy for chronic Lyme disease.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. LONG-TERM ANTIBIOTIC THERAPY FOR CHRONIC LYME
1.7DISEASE.
1.8 Subdivision 1. Definitions. (a) For purposes of this section, the definitions in this
1.9subdivision have the meanings given them.
1.10(b) "Chronic Lyme disease" means the clinical diagnosis by a primary care
1.11physician, rheumatologist, infectious disease specialist, or neurologist of the presence of
1.12signs and symptoms compatible with Borrelia burgdorferi or with complications related to
1.13such an infection that persist after the completion of an established recommended course
1.14of antibiotic treatment for acute Lyme disease.
1.15(c) "Long-term antibiotic therapy" means the prolonged administration of oral,
1.16intramuscular, or intravenous antibiotics, singly or in combination, for periods of greater
1.17than the recommended 28-day course of antibiotic treatment for acute Lyme disease.
1.18(d) "Therapeutic purpose" means the use of antibiotics to control a patient's symptoms
1.19determined by the physician as reasonably related to Lyme disease and its sequelae.
1.20 Subd. 2. Long-term antibiotic therapy. (a) Notwithstanding Minnesota Statutes,
1.21section 147.091, a physician shall not be subject to disciplinary action by the Board of
1.22Medical Practice solely on the basis of prescribing, administering, or dispensing long-term
1.23antibiotic therapy for a therapeutic purpose to a patient who has been clinically diagnosed
1.24with chronic Lyme disease.
2.1(b) Nothing in this section shall prohibit the board from bringing disciplinary action
2.2against any physician who:
2.3(1) prescribes, administers, or dispenses long-term antibiotic therapy for a
2.4nontherapeutic purpose;
2.5(2) fails to monitor the ongoing care of a patient receiving long-term antibiotic
2.6therapy; or
2.7(3) fails to keep complete and accurate ongoing records of the diagnosis and
2.8treatment of a patient receiving long-term antibiotic therapy.
2.9 Subd. 3. Sunset. This section expires July 1, 2019, or upon the passage of federal
2.10legislation that provides for a scientifically qualified assessment of the research gaps
2.11in the diagnosis and treatment of chronic Lyme disease and an evaluation of treatment
2.12guidelines and their utilization, whichever is later.
2.13 Sec. 2. EFFECTIVE DATE.
2.14Section 1 is effective the day following final enactment.
