Bill Text: NH HB490 | 2019 | Regular Session | Amended


Bill Title: Establishing a commission to study the role of clinical diagnosis and the limitations of serological diagnostic tests in determining the presence or absence of Lyme and other tick-borne diseases and available treatment protocols, and appropriate methods for educating physicians and the public about the inconclusive nature of prevailing test methods and available treatment alternatives.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed) 2019-03-18 - Introduced 03/14/2019 and Referred to Health and Human Services; Senate Journal 9 [HB490 Detail]

Download: New_Hampshire-2019-HB490-Amended.html

HB 490 - AS AMENDED BY THE HOUSE

 

27Feb2019... 0062h

2019 SESSION

19-0518

01/06

 

HOUSE BILL 490

 

AN ACT establishing a commission to study the role of clinical diagnosis and the limitations of serological diagnostic tests in determining the presence or absence of Lyme and other tick-borne diseases and available treatment protocols, and appropriate methods for educating physicians and the public about the inconclusive nature of prevailing test methods and available treatment alternatives.

 

SPONSORS: Rep. Moffett, Merr. 9; Rep. McMahon, Rock. 7; Rep. Saunderson, Merr. 9; Rep. Karrick, Merr. 25

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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AMENDED ANALYSIS

 

This bill establishes a commission to study the use and limitations of serological diagnostic tests to determine the presence or absence of Lyme and other tick-borne diseases and the development of appropriate methods to educate physicians and the public with respect to the inconclusive nature of prevailing test methods.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27Feb2019... 0062h 19-0518

01/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT establishing a commission to study the role of clinical diagnosis and the limitations of serological diagnostic tests in determining the presence or absence of Lyme and other tick-borne diseases and available treatment protocols, and appropriate methods for educating physicians and the public about the inconclusive nature of prevailing test methods and available treatment alternatives.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Findings.

I.  The general court hereby finds that the lack of understanding and agreement on the causes of, and the effectiveness of alternative prevailing tests for, Lyme and other tick-borne diseases, and on the alternatives currently used to treat patients with chronic symptoms after diagnosis of tick-borne diseases, has left patients in a divided world of controversy without adequate access to affordable care.  At the same time, the American Medical Association requires that physicians disclose and discuss with patient the risks and benefits of both a proposed treatment and the risks and benefits of available alternative treatments.

II.  The general court finds that it is in the public interest for the state to encourage development  and dissemination of more comprehensive clinician and patient education that highlights diverse symptomology, the expanding geography of infecting ticks, the limitations of current testing procedures and treatment protocols, and the importance of providing patients with accurate information about these testing and treatment limitations and available alternatives.  The development of such comprehensive clinician and patient education programs requires the participation of diverse stakeholder groups, including clinicians, research scientists, and patients who represent the spectrum of scientific and medical expertise and perspectives on tick-borne disease.

2  New Section; Commission to Study Testing for Lyme and Other Tick-Borne Diseases.  Amend RSA 141-C:6 by inserting after section 6 the following new section:

141-C:6-a  Commission Established.

I.  There is hereby established a commission to study the use and limitations of serological diagnostic tests to determine the presence or absence of Lyme and other tick-borne diseases and the development of appropriate methods to educate physicians and the public with respect to the inconclusive nature of prevailing test methods.

II.(a)  The members of the commission shall be as follows:

(1)  Two members of the house health, human services and elderly affairs committee, one of whom shall be a physician and one of whom shall be a lay person,  appointed by the speaker of the house of representatives.

(2)  One member of the senate who shall be a member of the health and human services committee, appointed by the president of the senate.

(3)  A representative of the New Hampshire Medical Society who is a member of the Infectious Disease Society of America (IDSA), appointed by the society.

(4)  A physician licensed under RSA 329 who is certified to treat Lyme disease patients by the International Lyme and Associated Diseases Society (ILADS), appointed by the society.

(5)  The state epidemiologist, or designee.

(6)  Two members of the public who have  been treated for chronic Lyme and/or other tick-borne diseases, alternatively referred to as Post Treatment Lyme Disease Syndrome (PTLDS), one of whom shall have been a Lyme disease patient for at least 5 years, appointed by the governor.

(7)  One mental health professional, appointed by the New Hampshire chapter of the National Alliance on Mental Illness (NAMI).

(b)  Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

III.  The commission shall:

(a)  Consider expert studies and testimony on the role of clinical diagnosis, the limitations of serological diagnostic tests, and the complexities presented by co-infections relating to symptomology, diagnosis, and treatment in determining the presence or absence of Lyme and other tick-borne diseases, including at a minimum testing methods recommended respectively by IDSA, ILADS, the Center for Disease Control and Prevention (CDC), and the Tick-Borne Disease Working Group (TBDWG) established under the 21st Century Cures Act of 2016.

(b)  Consider and make recommendations relative to appropriate methods to educate the medical profession and the public on the inconclusive nature of currently prevailing methods of diagnosing Lyme and other tick-borne diseases based on serological testing, including the use of standard warnings to be delivered to patients by physicians who diagnose and treat patients for Lyme and other tick-borne diseases.

(c)  Recommend legislation that the commission deems appropriate to address the rising incidence of chronic Lyme and other tick-borne diseases in New Hampshire.

IV.  The first meeting of the commission shall be called by the first-named house member, who shall serve as chairperson of the commission.  The first meeting of the commission shall be held within 45 days of the effective date of this section.  The commission shall meet as often as necessary, but no less often than monthly, and shall hear testimony from patients treated for chronic Lyme and other tick-borne diseases, medical practitioners licensed in New Hampshire or other states who diagnose and treat chronic Lyme and other tick-borne diseases, and academic and professional experts experienced in the diagnosis and treatment of such diseases.  Five members of the commission shall constitute a quorum.

V.  The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before December 1, 2019.

3  Repeal.  RSA 141-C:6-a, relative to a commission to study the use and limitations of serological diagnostic tests to determine the presence or absence of Lyme and other tick-borne diseases and the development of appropriate methods to educate physicians and the public with respect to the inconclusive nature of prevailing test methods, is repealed.

4  Effective Date.

I.  Section 3 of this act shall take effect December 1, 2019.

II.  The remainder of this act shall take effect upon its passage.

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