S T A T E O F N E W Y O R K ________________________________________________________________________ 5520--A 2013-2014 Regular Sessions I N S E N A T E May 16, 2013 ___________ Introduced by Sen. GIPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to authorizing long term antibiotic treatment for certain patients with Lyme disease THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The public health law is amended by adding a new article 2 27-I to read as follows: 3 ARTICLE 27-I 4 TREATMENT OF LYME DISEASE 5 SECTION 2798-A. DEFINITIONS. 6 2798-B. DIAGNOSIS AND TREATMENT OF LYME DISEASE. 7 S 2798-A. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOW- 8 ING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 9 1. "BOARD" MEANS THE NEW YORK STATE BOARD FOR PROFESSIONAL MEDICAL 10 CONDUCT; 11 2. "LYME DISEASE" MEANS THE CLINICAL DIAGNOSIS BY A PHYSICIAN OF THE 12 PRESENCE IN A PATIENT OF SIGNS AND SYMPTOMS COMPATIBLE WITH ACUTE 13 INFECTION WITH BORRELIA BURGDORFERI, OR WITH LATE STAGE OR CHRONIC 14 INFECTION WITH BORRELIA BURGDORFERI, OR WITH COMPLICATIONS RELATED TO 15 SUCH AN INFECTION. "LYME DISEASE" INCLUDES INFECTION WHICH MEETS THE 16 SURVEILLANCE CRITERIA SET FORTH BY THE US CENTERS FOR DISEASE CONTROL 17 AND PREVENTION (CDC), BUT ALSO INCLUDES OTHER ACUTE AND CHRONIC MANIFES- 18 TATIONS OF SUCH AN INFECTION AS DETERMINED BY THE PHYSICIAN; 19 3. "PHYSICIAN" MEANS PERSONS LICENSED PURSUANT TO ARTICLE ONE HUNDRED 20 THIRTY-ONE OF THE EDUCATION LAW BY THE BOARD; 21 4. "THERAPEUTIC PURPOSE" MEANS THE USE OF ANTIBIOTICS TO CONTROL A 22 PATIENT'S SYMPTOMS DETERMINED BY THE PHYSICIAN AS REASONABLY RELATED TO 23 LYME DISEASE AND ITS SEQUELAE; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11023-04-3 S. 5520--A 2 1 5. "LONG TERM ANTIBIOTIC THERAPY" MEANS ADMINISTRATION OF ORAL, INTRA- 2 MUSCULAR OR INTRAVENOUS ANTIBIOTICS, SINGLY OR IN COMBINATION, FOR PERI- 3 ODS OF GREATER THAN FOUR WEEKS. 4 S 2798-B. DIAGNOSIS AND TREATMENT OF LYME DISEASE. (A) A LICENSED 5 PHYSICIAN MAY PRESCRIBE, ADMINISTER OR DISPENSE LONG-TERM ANTIBIOTIC 6 THERAPY TO A PATIENT FOR A THERAPEUTIC PURPOSE THAT ELIMINATES SUCH 7 INFECTION OR CONTROLS A PATIENT'S SYMPTOMS UPON MAKING A CLINICAL DIAG- 8 NOSIS THAT SUCH PATIENT HAS LYME DISEASE OR DISPLAYS SYMPTOMS CONSISTENT 9 WITH A CLINICAL DIAGNOSIS OF LYME DISEASE, PROVIDED SUCH CLINICAL DIAG- 10 NOSIS AND TREATMENT ARE DOCUMENTED IN THE PATIENT'S MEDICAL RECORDS BY 11 SUCH LICENSED PHYSICIAN. NO PHYSICIAN SHALL BE SUBJECT TO DISCIPLINARY 12 ACTION BY THE BOARD SOLELY FOR PRESCRIBING, ADMINISTERING OR DISPENSING 13 LONG-TERM ANTIBIOTIC THERAPY FOR A THERAPEUTIC PURPOSE FOR A PATIENT 14 CLINICALLY DIAGNOSED WITH LYME DISEASE, IF SUCH DIAGNOSIS AND TREATMENT 15 PLAN HAS BEEN DOCUMENTED IN THE PHYSICIAN'S MEDICAL RECORD FOR THAT 16 PATIENT. 17 (B) NOTHING IN THIS SECTION DENIES THE RIGHT OF THE BOARD TO DENY, 18 REVOKE, OR SUSPEND THE LICENSE OF ANY PHYSICIAN OR DISCIPLINE ANY PHYSI- 19 CIAN WHO PRESCRIBES, ADMINISTERS, OR DISPENSES LONG-TERM ANTIBIOTIC 20 THERAPY FOR A NON-THERAPEUTIC PURPOSE, OR WHO FAILS TO MONITOR THE ONGO- 21 ING CARE OF A PATIENT RECEIVING LONG-TERM ANTIBIOTIC THERAPY, OR WHO 22 FAILS TO KEEP COMPLETE AND ACCURATE ONGOING RECORDS OF THE DIAGNOSIS AND 23 TREATMENT OF A PATIENT RECEIVING LONG-TERM ANTIBIOTIC THERAPY. 24 S 2. This act shall take effect immediately.