Bill Text: NH HB1537 | 2016 | Regular Session | Introduced
Bill Title: Relative to testing for Lyme disease.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-03-09 - Inexpedient to Legislate: Motion Adopted Voice Vote 03/09/2016 House Journal 23 P. 40 [HB1537 Detail]
Download: New_Hampshire-2016-HB1537-Introduced.html
HB 1537-FN - AS INTRODUCED
2016 SESSION
16-2221
01/09
HOUSE BILL 1537-FN
AN ACT relative to testing for Lyme disease.
SPONSORS: Rep. P. Brown, Hills. 31; Rep. Rogers, Merr. 28; Rep. LeBrun, Hills. 32; Rep. Emerson, Ches. 11; Sen. Daniels, Dist 11
COMMITTEE: Health, Human Services and Elderly Affairs
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ANALYSIS
This bill requires health care providers to provide certain information to persons being tested for Lyme disease.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16-2221
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT relative to testing for Lyme disease.
Be it Enacted by the Senate and House of Representatives in General Court convened:
I. The general court recognizes that:
(a) Lyme disease is the sixth fastest growing disease in the United States according to the Centers for Disease Control and Prevention.
(b) Lyme disease is difficult to diagnose and treat.
(c) Blood tests performed within the first month after initial infection often produce false results.
II. Therefore, the general court hereby requires health care providers to provide certain information to persons being tested for Lyme disease.
2 New Chapter; Lyme Disease. Amend RSA by inserting after chapter 141-J the following new chapter:
CHAPTER 141-K
Lyme Disease
141-K:1 Definitions. In this chapter
I. "Lyme disease" means an infection caused by Borrelia burgdorferi, a type of bacterium called a spirochete (pronounced spy-ro-keet) that is carried by deer ticks. An infected tick can transmit the spirochete to the humans and animals it bites. Untreated, the bacterium travels through the bloodstream, establishes itself in various body tissues, and can cause a number of symptoms, some of which are severe.
II. "Health care provider" means a person who is duly licensed, certified, authorized, or registered under the laws of the state to provide health care.
141-K:2 Lyme Disease Test Results.
I. Every health care provider who orders a laboratory test for the presence of Lyme disease shall provide to the patient or his or her legal representative the following written information:
"According to the Centers for Disease Control and Prevention, as of 2011 Lyme disease is the sixth fastest growing disease in the United States.
Your health care provider has ordered a laboratory test for the presence of Lyme disease for you. Current laboratory testing for Lyme disease can be problematic and standard laboratory tests often result in false negative and false positive results, and if done too early, you may not have produced enough antibodies to be considered positive because your immune response requires time to develop antibodies. If you are tested for Lyme disease, and the results are negative, this does not necessarily mean you do not have Lyme disease. If you continue to experience symptoms, you should contact your health care provider and inquire about the appropriateness of retesting or additional treatment."
II. Health care providers shall also provide the detailed test results to the patient or the patient's representative.
III. Heath care providers in violation of this chapter shall be subject to disciplinary actions from the appropriate licensing, certifying, or registration authority.
3 Effective Date. This act shall take effect January 1, 2017.
16-2221
11/23/15
HB 1537-FN- FISCAL NOTE
AN ACT relative to testing for Lyme disease.
FISCAL IMPACT:
The Office of Professional Licensure and Certification states this bill, as introduced, may increase State general fund expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no impact on county or local expenditures, and state, county, or local revenue.
METHODOLOGY:
The Office of Professional Licensure states this bill requires licensed health care providers to provide detailed test results to patients being tested for Lyme disease. Health care providers found in violation of this requirement will be subject to disciplinary actions from the appropriate licensing, certifying, or registration authority. The Office states that, pursuant to both statute and the constitutionally protected property interest that a licensee has in his or her license, the boards must hold a disciplinary action before they can take action against a licensee. The Office assumes that any such hearing will require testimony by expert witnesses and may require several days to adjudicate. In addition, the boards may need to retain their own experts, as well as pay the Department of Justice for prosecutorial representation in adjudicatory hearings. The Office states it is unable to estimate the potential costs that may result from this bill.
The Department of Health and Human Services states this bill will have no fiscal impact.
