Assembly Bill A7558A

Signed By Governor
2013-2014 Legislative Session

Prohibits the investigation of any claim of medical professional misconduct based solely on treatment that is not universally accepted by the medical profession

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Archive: Last Bill Status Via S7854 - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A7558 - Details

See Senate Version of this Bill:
S5520
Law Section:
Public Health Law
Laws Affected:
Add §230-e, Pub Health L

2013-A7558 - Summary

Prohibits the investigation of any claim of medical professional misconduct based solely on treatment that is not universally accepted by the medical profession.

2013-A7558 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7558

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2013
                               ___________

Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
  tee on Health

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:

  Section 1. The public health law is amended by adding  a  new  article
27-I to read as follows:
                              ARTICLE 27-I
                         TREATMENT OF LYME DISEASE
  SECTION 2798-A. DEFINITIONS.
          2798-B. DIAGNOSIS AND TREATMENT OF LYME DISEASE.
  S  2798-A. DEFINITIONS.  FOR THE PURPOSES OF THIS SECTION, THE FOLLOW-
ING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "BOARD" MEANS THE NEW YORK STATE  BOARD  FOR  PROFESSIONAL  MEDICAL
CONDUCT;
  2.  "LYME  DISEASE" MEANS THE CLINICAL DIAGNOSIS BY A PHYSICIAN OF THE
PRESENCE IN A PATIENT  OF  SIGNS  AND  SYMPTOMS  COMPATIBLE  WITH  ACUTE
INFECTION  WITH  BORRELIA  BURGDORFERI,  OR  WITH  LATE STAGE OR CHRONIC
INFECTION WITH BORRELIA BURGDORFERI, OR WITH  COMPLICATIONS  RELATED  TO
SUCH  AN  INFECTION.  "LYME  DISEASE" INCLUDES INFECTION WHICH MEETS THE
SURVEILLANCE CRITERIA SET FORTH BY THE US CENTERS  FOR  DISEASE  CONTROL
AND PREVENTION (CDC), BUT ALSO INCLUDES OTHER ACUTE AND CHRONIC MANIFES-
TATIONS OF SUCH AN INFECTION AS DETERMINED BY THE PHYSICIAN;
  3.  "PHYSICIAN" MEANS PERSONS LICENSED PURSUANT TO ARTICLE ONE HUNDRED
THIRTY-ONE OF THE EDUCATION LAW BY THE BOARD;
  4. "THERAPEUTIC PURPOSE" MEANS THE USE OF  ANTIBIOTICS  TO  CONTROL  A
PATIENT'S  SYMPTOMS DETERMINED BY THE PHYSICIAN AS REASONABLY RELATED TO
LYME DISEASE AND ITS SEQUELAE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11023-03-3

A. 7558                             2

co-Sponsors

multi-Sponsors

2013-A7558A - Details

See Senate Version of this Bill:
S5520
Law Section:
Public Health Law
Laws Affected:
Add §230-e, Pub Health L

2013-A7558A - Summary

Prohibits the investigation of any claim of medical professional misconduct based solely on treatment that is not universally accepted by the medical profession.

2013-A7558A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7558--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2013
                               ___________

Introduced  by  M.  of A. BARRETT, RUSSELL, JAFFEE, HIKIND, GALEF, GOTT-
  FRIED, ROBERTS, COOK, RAIA, McLAUGHLIN, SIMANOWITZ, CAHILL, SKOUFIS --
  Multi-Sponsored by -- M. of A. ARROYO, BRENNAN, CROUCH, GLICK,  MAYER,
  RIVERA,  SKARTADOS,  TENNEY,  THIELE,  WEISENBERG  --  read  once  and
  referred to the Committee on Health -- recommitted to the Committee on
  Health in accordance  with  Assembly  Rule  3,  sec.  2  --  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:

  Section  1.  Legislative  findings  and  intent.  Lyme  disease  is an
infection transmitted to humans by ticks at epidemic proportions.  Based
on New York state department of health figures, over 50,000 state  resi-
dents  contracted  Lyme  disease  in  2012  alone.   In the case of Lyme
disease, the practice of  medicine  has  not  kept  pace  with  research
advances  on the biological agents responsible for the disease symptoms.
Outdated and disputed diagnostic and treatment guidelines  prevent  many
of those afflicted from receiving evidenced-based treatment options that
could mean the difference between a healthy life and one of chronic pain
and  progressive  disability.  Where  science and medicine are evolving,
patients' rights must be paramount. Patients with  Lyme  disease  should
have  the  same  rights as those with other diseases. They must have the
right to be seen and treated by the practitioner of their  choice,  have
the right to be informed that there are differing professional judgments
about  appropriate  care  for  Lyme  disease,  and to participate in the
choice of treatment as it pertains to their circumstance and preference.
The rights of the patients hinge upon the ability of the practitioner to
act in the best interest of the patient without fear  of  reprisal  from
the  professional discipline system when more than one set of guidelines

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11023-08-4

co-Sponsors

multi-Sponsors

2013-A7558B (ACTIVE) - Details

See Senate Version of this Bill:
S5520
Law Section:
Public Health Law
Laws Affected:
Add §230-e, Pub Health L

2013-A7558B (ACTIVE) - Summary

Prohibits the investigation of any claim of medical professional misconduct based solely on treatment that is not universally accepted by the medical profession.

2013-A7558B (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7558--B
                                                        Cal. No. 646

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 23, 2013
                               ___________

Introduced  by  M.  of A. BARRETT, RUSSELL, JAFFEE, HIKIND, GALEF, GOTT-
  FRIED, ROBERTS, COOK, RAIA, McLAUGHLIN, SIMANOWITZ,  CAHILL,  SKOUFIS,
  FAHY,  ROSENTHAL  --  Multi-Sponsored  by -- M. of A. ARROYO, BRENNAN,
  CROUCH, GLICK, LALOR, LUPARDO, LUPINACCI,  MAYER,  RIVERA,  SKARTADOS,
  SOLAGES,  TENNEY,  THIELE, WEISENBERG -- read once and referred to the
  Committee on Health -- recommitted  to  the  Committee  on  Health  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  --  passed by Assembly and delivered to the Senate, recalled from
  the  Senate,  vote  reconsidered,  bill  amended,  ordered  reprinted,
  retaining its place on the order of third reading

AN  ACT  to  amend the public health law, in relation to the identifica-
  tion, charging, reporting and investigation of charges of professional
  misconduct by health care professionals

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 230 of the public health law is amended by adding a
new subdivision 9-b to read as follows:
  9-B. NEITHER THE BOARD FOR PROFESSIONAL MEDICAL CONDUCT NOR THE OFFICE
OF  PROFESSIONAL  MEDICAL  CONDUCT  SHALL  IDENTIFY,  CHARGE, OR CAUSE A
REPORT MADE TO THE DIRECTOR OF SUCH  OFFICE  TO  BE  INVESTIGATED  BASED
SOLELY UPON THE RECOMMENDATION OR PROVISION OF A TREATMENT MODALITY BY A
LICENSEE  THAT  IS  NOT  UNIVERSALLY ACCEPTED BY THE MEDICAL PROFESSION,
INCLUDING BUT NOT LIMITED TO, VARYING MODALITIES USED IN  THE  TREATMENT
OF  LYME DISEASE AND OTHER TICK-BORNE DISEASES. AS USED IN THIS SUBDIVI-
SION THE TERM "LICENSEE" SHALL MEAN A PHYSICIAN, PHYSICIAN'S  ASSISTANT,
AND  SPECIALIST'S  ASSISTANT. WHEN A LICENSEE, ACTING IN ACCORDANCE WITH
PARAGRAPH  E  OF  SUBDIVISION  FOUR  OF   SECTION   SIXTY-FIVE   HUNDRED
TWENTY-SEVEN  OF  THE  EDUCATION LAW, RECOMMENDS OR PROVIDES A TREATMENT
MODALITY THAT EFFECTIVELY TREATS HUMAN DISEASE, PAIN, INJURY,  DEFORMITY
OR  PHYSICAL CONDITION, THE RECOMMENDATION OR PROVISION OF THAT MODALITY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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