S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6926
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             October 20, 2017
                                ___________
 
 Introduced  by  Sens. HANNON, SERINO, HELMING, AMEDORE, AVELLA, BONACIC,
   BOYLE, CARLUCCI, DeFRANCISCO, GOLDEN, LANZA, LARKIN, LAVALLE,  LITTLE,
   MARCELLINO, O'MARA, RITCHIE, TEDISCO, VALESKY, YOUNG -- read twice and
   ordered  printed, and when printed to be committed to the Committee on
   Rules

 AN ACT to amend the public health law, in relation to the diagnosis  and
   treatment of Lyme disease and other tick borne diseases
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 206-b of the public health law, as added by chapter
 260 of the laws of 1988, is amended to read as follows:
   § 206-b. Special requirements with respect to Lyme disease  diagnosis.
 1.  (A) Within thirty days after the effective date of this section, the
 commissioner shall, in writing,  order  every  physician  practicing  in
 Suffolk,  Westchester  and Nassau counties to review the medical records
 of any patient such physician treated during the period commencing Janu-
 ary first, nineteen hundred seventy-five and ending on the date of  such
 order  wherein  such  physician  made a diagnosis of juvenile rheumatoid
 arthritis and to review the circumstances of such diagnosis to reconsid-
 er whether such patient has suffered, or is suffering, from the complex,
 multi-system disorder caused  by  the  bacterium  Borrelia  burgdorferi,
 which  disease is transmitted by the Ixodes dammini tick and is commonly
 referred to as "Lyme disease". In any case where  a  hospital  or  other
 health  care  institution  or  provider  has  custody  or control of the
 medical records for a patient so diagnosed, upon request such  physician
 shall be entitled to review such medical records for purposes of comply-
 ing  with  such order or the commissioner may order any such hospital or
 other health care institution or provider wherever situated  within  the
 state to review such records to reconsider a diagnosis of Lyme disease.
   [2.]  (B)  The commissioner, upon a showing that there is a reasonable
 basis to believe that the order provided for [herein] IN  THIS  SUBDIVI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13579-02-7

 S. 6926                             2
 
 SION has not been complied with, shall be entitled to apply to a justice
 of the supreme court for an order requiring any such physician to submit
 for  the  commissioner's  consideration  such  records,  charts or other
 pertinent data which will enable him to determine whether there has been
 full compliance with such order.
   [3.]  (C)  In any case where a review of such records indicates that a
 patient may have been, or is, suffering from Lyme disease,  such  physi-
 cian  shall, consistent with customary and acceptable medical standards,
 take such action he OR SHE deems necessary to inform such patient or  in
 the  case  of a minor, his or her parent or guardian of his OR HER find-
 ings, conduct additional tests, administer other necessary treatments or
 refer such patient to another physician  for  further  diagnosis  and/or
 treatment.
   2.  (A)  THE  COMMISSIONER  SHALL,  IN  CONSULTATION  WITH HEALTH CARE
 PROVIDERS, RESEARCH EXPERTS, RELEVANT ADVISORY BODIES AND  OTHER  STAKE-
 HOLDERS, DEVELOP A STANDARDIZED PROTOCOL FOR THE DIAGNOSIS AND TREATMENT
 OF  LYME  DISEASE AND SUCH OTHER TICK BORNE DISEASES THAT MAY BE IDENTI-
 FIED BY THE COMMISSIONER. SUCH PROTOCOL SHALL INCLUDE, BUT NOT BE LIMIT-
 ED TO, GUIDANCE TO BE UTILIZED BY HEALTH CARE PROVIDERS WHEN A SEROLOGI-
 CAL TEST COMES BACK NEGATIVE BUT SYMPTOMS OF ANY SUCH  DISEASE  PERSIST.
 THE PROTOCOL SHALL BE UPDATED UPON ANY ADVANCEMENTS IN THE FIELD OF LYME
 DISEASE,  OR OTHER IDENTIFIED TICK BORNE DISEASE, TESTING AND TREATMENT.
 AS PART OF THE PROTOCOL,  THE  COMMISSIONER  SHALL  DEVELOP,  UPDATE  AS
 NECESSARY  AND  ENSURE  PROVIDERS  DISTRIBUTE TO EACH PERSON UNDER THEIR
 CARE BEING TESTED FOR  LYME  DISEASE  OR  OTHER  IDENTIFIED  TICK  BORNE
 DISEASE, A STANDARDIZED NOTIFICATION FORM, WHICH SHALL EXPLAIN, IN PLAIN
 NON-TECHNICAL LANGUAGE, THE FOLLOWING:
   (I)  THE  SYMPTOMS  AND  RISK  FACTORS FOR LYME DISEASE AND SUCH OTHER
 IDENTIFIED TICK BORNE DISEASES;
   (II) THE AVAILABLE METHODS FOR THE DETECTION  AND  DIAGNOSIS  OF  LYME
 DISEASE AND SUCH OTHER IDENTIFIED TICK BORNE DISEASE, INCLUDING INFORMA-
 TION  ON THE RELATIVE ACCURACY OF THE AVAILABLE DETECTION AND DIAGNOSTIC
 TECHNIQUES;
   (III) THE MEDICAL PROTOCOL ADOPTED UNDER THIS SUBDIVISION; AND
   (IV) RELEVANT MEDICAL INFORMATION DEEMED NECESSARY BY THE COMMISSIONER
 AND SHALL CONTAIN INFORMATION ON LYME DISEASE AND SUCH OTHER  IDENTIFIED
 TICK  BORNE  DISEASES  RISK,  POSSIBLE CO-INFECTIONS AND OTHER PERTINENT
 INFORMATION.
   THE COMMISSIONER SHALL HAVE THE PROTOCOL AND STANDARDIZED NOTIFICATION
 FORM, REQUIRED BY THIS SUBDIVISION, DEVELOPED AND PREPARED FOR  DISTRIB-
 UTION  WITHIN  ONE  HUNDRED  TWENTY  DAYS  OF THE EFFECTIVE DATE OF THIS
 SUBDIVISION.
   (B) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO CREATE  A  CAUSE
 OF  ACTION  FOR  LACK  OF INFORMED CONSENT IN ANY INSTANCE IN WHICH SUCH
 CAUSE OF ACTION WOULD BE LIMITED BY SECTION TWENTY-EIGHT HUNDRED  FIVE-D
 OF THIS CHAPTER.
   § 2. This act shall take effect immediately.