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This entry was published on 2014-09-22
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SECTION 206-B
Special requirements with respect to Lyme disease diagnosis
Public Health (PBH) CHAPTER 45, ARTICLE 2, TITLE 1
§ 206-b. Special requirements with respect to Lyme disease diagnosis.
1. 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
January 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 reconsider 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 complying 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. The commissioner, upon a showing that there is a reasonable basis
to believe that the order provided for herein 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. In any case where a review of such records indicates that a patient
may have been, or is, suffering from Lyme disease, such physician shall,
consistent with customary and acceptable medical standards, take such
action he deems necessary to inform such patient or in the case of a
minor, his or her parent or guardian of his findings, conduct additional
tests, administer other necessary treatments or refer such patient to
another physician for further diagnosis and/or treatment.