STATE OF NEW YORK
________________________________________________________________________
10930
IN ASSEMBLY
May 29, 2018
___________
Introduced by M. of A. BARRETT, GOTTFRIED -- read once and referred to
the Committee on Health
AN ACT to amend the public health law, in relation to charges of profes-
sional misconduct by health care professionals in the treatment or
diagnosis of patients for Lyme disease
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 9-b of section 230 of the public health law, as
2 amended by chapter 11 of the laws of 2015, is amended to read as
3 follows:
4 9-b. Neither the board for professional medical conduct nor the office
5 of professional medical conduct shall charge a licensee with misconduct
6 as defined in sections sixty-five hundred thirty and sixty-five hundred
7 thirty-one of the education law, or cause a report made to the director
8 of such office to be investigated beyond a preliminary review as set
9 forth in clause (A) of subparagraph (i) of paragraph (a) of subdivision
10 ten of this section, where such report is determined to be based solely
11 upon the recommendation or provision of a treatment modality to a
12 particular patient by such licensee that is not universally accepted by
13 the medical profession, including but not limited to, varying modalities
14 used in the diagnosis or treatment of Lyme disease and other tick-borne
15 diseases, including long-term antibiotic therapy. When a licensee,
16 acting in accordance with paragraph e of subdivision four of section
17 sixty-five hundred twenty-seven of the education law, recommends or
18 provides a treatment modality that effectively treats human disease,
19 pain, injury, deformity or physical condition for which the licensee is
20 treating a patient, the recommendation or provision of that modality to
21 a particular patient shall not, by itself, constitute professional
22 misconduct. The licensee shall otherwise abide by all other applicable
23 professional requirements.
24 § 2. Clause (A) of subparagraph (i) of paragraph (a) of subdivision 10
25 of section 230 of the public health law, as amended by chapter 11 of the
26 laws of 2015, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15951-02-8
A. 10930 2
1 (A) The board for professional medical conduct, by the director of the
2 office of professional medical conduct, may investigate on its own any
3 suspected professional misconduct, and shall investigate each complaint
4 received regardless of the source. By the conclusion of a preliminary
5 review, including an internal clinical review, the director shall deter-
6 mine if a report is based solely upon the recommendation or provision of
7 a treatment modality by a licensee that is not universally accepted by
8 the medical profession, including but not limited to varying modalities
9 used in the diagnosis or treatment of Lyme disease or other tick-borne
10 diseases, including long-term antibiotic therapy. Upon a determination
11 by the director that a report is based solely upon the provision of a
12 treatment modality that is not universally accepted, no further review
13 shall be conducted and no charges shall be brought. Nothing in this
14 section shall preclude the director from making such a determination
15 earlier in, or subsequent to, a preliminary review.
16 § 3. This act shall take effect immediately and shall apply to any
17 professional discipline matter or administrative or judicial review
18 thereof pending on or after the date on which this act shall take
19 effect; provided, however, that the amendments to clause (A) of subpara-
20 graph (i) of paragraph (a) of subdivision 10 of section 230 of the
21 public health law made by section two of this act shall not affect the
22 expiration of such paragraph and shall be deemed to expire therewith.
