Directs the commissioner of health to establish a standard protocol for the diagnosis and treatment of Lyme disease and other tick borne diseases identified by such commissioner; such protocol shall require the provision of written notification to each patient being treated for Lyme disease or other tick borne diseases relating to symptoms, risk factors, diagnosis and other information relating to such diseases; enacts the "Demos Ford Act".
STATE OF NEW YORK
________________________________________________________________________
8640
2019-2020 Regular Sessions
IN ASSEMBLY
October 2, 2019
___________
Introduced by M. of A. BARRETT, LUPARDO -- read once and referred to the
Committee on Health
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:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Demos Ford Act".
3 § 2. Section 206-b of the public health law, as added by chapter 260
4 of the laws of 1988, is amended to read as follows:
5 § 206-b. Special requirements with respect to Lyme disease diagnosis.
6 1. (a) Within thirty days after the effective date of this section, the
7 commissioner shall, in writing, order every physician practicing in
8 [Suffolk, Westchester and Nassau counties] the state of New York to
9 review the medical records of any patient such physician treated during
10 the period commencing January first, nineteen hundred seventy-five and
11 ending on the date of such order wherein such physician made a diagnosis
12 of juvenile rheumatoid arthritis, neurological and neuropsychiatric
13 disorders or other musculoskeletal pain syndromes of unexplained origin
14 and to review the circumstances of such diagnosis to reconsider whether
15 such patient has suffered, or is suffering, from the complex, multi-sys-
16 tem disorder caused by [the bacterium Borrelia burgdorferi] bacteria in
17 the Borrelia genus, which disease is transmitted by [the Ixodes dammini
18 tick] ticks and is commonly referred to as "Lyme disease" and/or addi-
19 tional tick borne infections known to cause co-morbid diseases, in
20 particular, any species of Bartonella and Babesia microtti and Babesia
21 duncanii. In any case where a hospital or other health care institution
22 or provider has custody or control of the medical records for a patient
23 so diagnosed, upon request such physician shall be entitled to review
24 such medical records for purposes of complying with such order or the
25 commissioner may order any such hospital or other health care institu-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13603-03-9
A. 8640 2
1 tion or provider wherever situated within the state to review such
2 records to reconsider a diagnosis of Lyme disease.
3 [2.] (b) The commissioner, upon a showing that there is a reasonable
4 basis to believe that the order provided for [herein] in this subdivi-
5 sion has not been complied with, shall be entitled to apply to a justice
6 of the supreme court for an order requiring any such physician to submit
7 for the commissioner's consideration such records, charts or other
8 pertinent data which will enable him to determine whether there has been
9 full compliance with such order.
10 [3.] (c) In any case where a review of such records indicates that a
11 patient may have been, or is, suffering from Lyme disease, such physi-
12 cian shall, consistent with customary and acceptable medical standards,
13 take such action he or she deems necessary to inform such patient or in
14 the case of a minor, his or her parent or guardian of his or her find-
15 ings, conduct additional tests, administer other necessary treatments or
16 refer such patient to another physician for further diagnosis and/or
17 treatment.
18 2. (a) The commissioner shall, in consultation with health care
19 providers, research experts, relevant advisory bodies, patient represen-
20 tatives and other stakeholders with diverse perspectives, develop a
21 standardized protocol for the diagnosis and treatment of Lyme disease
22 and such other tick borne diseases that may be identified by the commis-
23 sioner. Such protocol shall include, but not be limited to, guidance to
24 be utilized by health care providers when an erythema migrans rash is
25 absent and a serological test comes back negative but symptoms of any
26 such disease persist. The protocol shall be updated upon any advance-
27 ments in the field of Lyme disease, or other identified tick borne
28 disease, testing and treatment. As part of the protocol, the commission-
29 er shall develop, update as necessary and ensure providers distribute to
30 each person under their care being tested for Lyme disease or other
31 identified tick borne disease, a standardized notification form, which
32 shall explain, in plain non-technical language, the following:
33 (i) the symptoms and risk factors for Lyme disease and such other
34 identified tick borne diseases;
35 (ii) the available methods for the detection and diagnosis of Lyme
36 disease and such other identified tick borne disease, including informa-
37 tion on the relative clinical utility of the available detection and
38 diagnostic techniques;
39 (iii) the medical protocol adopted under this subdivision; and
40 (iv) relevant medical information deemed necessary by the commissioner
41 and shall contain information on Lyme disease and such other identified
42 tick borne diseases risk, possible co-infections and other pertinent
43 information.
44 The commissioner shall have the protocol and standardized notification
45 form, required by this subdivision, developed and prepared for distrib-
46 ution within one hundred twenty days of the effective date of this
47 subdivision.
48 (b) Nothing in this subdivision shall be construed to create a cause
49 of action for lack of informed consent in any instance in which such
50 cause of action would be limited by section twenty-eight hundred five-d
51 of this chapter.
52 § 3. This act shall take effect immediately.
