Authorizes long term antibiotic treatment for certain patients with Lyme disease

6 Co-sponsors

• David Carlucci
• Brad Hoylman-Sigal
• George Latimer
• Kevin S. Parker
• Bill Perkins
• Diane J. Savino

BILL NUMBER:S5520B

Title of bill

An act to amend the public health law, in relation to authorizing long term antibiotic treatment for certain patients with Lyme disease

Purpose

Allows for a licensed physician to prescribe, administer or dispense long-term antibiotic therapy to a patient upon making a clinical diagnosis that such patient has Lyme disease and as a result, cannot face disciplinary action by the New York State Board of Professional Medical Conduct solely for prescribing, administering, or dispensing such treatment.

Summary of provisions

Section 1 outlines the legislative intent and findings.

Section 2 amends the public health law adds a new article relating to the diagnosis and treatment of Lyme disease. It sets forth that a healthcare professional may prescribe, administer or dispense antibiotic therapy to a patient in order to eliminate such infection or control a patient's symptoms upon making a clinical diagnosis of Lyme disease.

This section stipulates that no physician shall be subject to professional discipline under this article or title eight of the education law prescribing, administering or dispensing long-term antibiotic therapy or other care that the healthcare professional determines to be reasonable and intended to benefit a patient clinically diagnosed with Lyme disease.

Section 3 sets forth that this bill shall take effect immediately and shall apply to any professional discipline matter or administrative or judicial review thereof pending on or after the date on which this act takes effect.

Justification

Cases of Lyme Disease, which are often caused by bites from deer ticks, have grown tremendously in New York State in the past decade. While many cases are treated within 14-28 days after symptoms erupt and are successfully eradicated, chronic Lyme Disease can occur if treatment is not sought immediately. The symptoms can range from flu-like symptoms, such as fatigue, chills, fever, and headache, to swelling of the joints, and heart and central nervous system problems if left untreated.

Currently, there is no definitive testing or treatment for chronic Lyme Disease. Doctors are left to treat patients in the best way possible, prescribing antibiotics, a standard prescription for Lyme Disease, for therapeutic long term treatment of symptoms. However, because of the lack of consensus surrounding treatment and diagnosis for chronic Lyme Disease, and the cost of such treatments for insurance companies, these doctors are being investigated by insurers and licensing boards, with the possibility of losing their medical license. This legislation allows doctors to prescribe long term antibiotic therapy to a person with symptoms of chronic Lyme Disease if the diagnosis and treatment plan is documented in the physician's record for the patient, and if the physician monitors the ongoing care

of the patient receiving treatment. This will not only protect doctors, but also ease the pain of patients who continue to suffer with this debilitating disease.

Legislative history

This is a new bill.

Fiscal implications

None.

Effective date

This bill shall take effect immediately.