By Mr. Webster of Hanson, petition (accompanied by bill, House, No. 3768) of Daniel K. Webster and Cleon H. Turner relative to promoting education and access to medical care for persons with Lyme disease. Public Health.

The Commonwealth of Massachusetts

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PETITION OF:

Daniel K. Webster

Cleon H. Turner

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In the Year Two Thousand and Seven.

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An Act promoting education and access to medical care for persons with lyme disease.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Chapter 111 of the General Laws is hereby amended by inserting after section 116A the following section:-

Section 116B.  As used in this section, the following terms shall have the following meanings:-

“Board” the board of registration in medicine

“Lyme disease” 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 but also includes other acute and chronic manifestations of such an infection as determined by the physician;

“Physician” a person so licensed under section 2 of chapter 112.  This section shall also apply to nurse practitioners and physician assistants directly supervised by a physician

“Long-term antibiotic treatment” the administration of oral or parenteral antibiotics, singularly or in combination, for periods greater than 4 weeks

a) A physician may prescribe antibiotics for a patient diagnosed with Lyme disease, if this diagnosis and treatment plan is documented in the medical record for that patient.  No physician is subject to disciplinary action by the board solely for prescribing long-term antibiotic treatment for a patient clinically diagnosed with Lyme disease, if this diagnosis and treatment plan is documented in the medical record for that patient.

b) Nothing in this section precludes the right of the board to deny, revoke, or suspend the license of any physician, or discipline any physician, who prescribes long-term antibiotic treatment for a non-therapeutic purpose, or who fails to monitor the ongoing care of a patient receiving long-term antibiotic treatment, or who fails to keep complete and accurate records of the diagnosis and treatment of a patient receiving long-term antibiotic treatment.

The department shall provide state wide Lyme disease education for physicians, schools and the general public.  The department shall promote detection prevention and treatment programs for tick-borne diseases and work with graduate medical and nursing programs and establish an appropriate curriculum.  The department shall perform a cost-benefit analyses on insurance coverage of long term antibiotic care for Lyme disease patients.  The department shall promulgate regulations for the lab detection of Lyme disease, for the state of art testing protocol and shall develop clinical provider training programs for the assessment and treatment of tick-borne illnesses.