PRINTER'S NO. 2582
No. 1977 Session of 2003
INTRODUCED BY PHILLIPS, JAMES, LEH, BARD, BELFANTI, BROWNE,
CAPPELLI, CREIGHTON, DALEY, HENNESSEY, MAITLAND, McNAUGHTON,
ROSS, SATHER AND E. Z. TAYLOR, SEPTEMBER 11, 2003
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
SEPTEMBER 11, 2003
AN ACT
1 Providing for lyme and related tick-borne disease diagnosis and
2 treatment, for denial, revocation or suspension of license or
3 discipline of treating physicians and doctors of osteopathy
4 and for professional misconduct proceedings.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Lyme and
9 Related Tick-borne Disease Diagnosis and Treatment Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Board." The State Board of Medicine or the State Board of
15 Osteopathy.
16 "Licensee." A licensed physician or doctor of osteopathy.
17 "Long-term antibiotic or antimicrobial therapy."
18 Administration of oral, intramuscular or intravenous antibiotics
1 or antimicrobial medications, singly or in combination, for
2 periods of greater than four weeks.
3 "Lyme disease." The clinical diagnosis of the presence in a
4 patient of signs and symptoms compatible with acute infection
5 with Borrelia burgdorferi or related Borrelioses, or with late
6 stage or chronic infection with Borrelia burgdorferi, or with
7 complications related to such an infection. The term includes
8 infection which meets the surveillance criteria set forth by the
9 United States Centers for Disease Control and Prevention and
10 also includes other acute and chronic manifestations of such an
11 infection as determined by the physician.
12 "Related tick-borne illnesses." Cases of Bartonellosis,
13 Babesiosis/Piroplasmosis and other tick-transmissible illnesses
14 as may be empirically associated with lyme disease.
15 "Therapeutic purpose." The use of antibiotics to control a
16 patient's symptoms determined by the physician as reasonably
17 related to lyme disease and its sequelae or related tick-borne
18 illnesses.
19 Section 3. Long-term antibiotic and microbial treatment.
20 A licensee may prescribe, administer or dispense antibiotic
21 or antimicrobial therapy for therapeutic purposes to a person
22 diagnosed with and having symptoms of lyme disease or related
23 tick-borne illnesses if this diagnosis and treatment plan have
24 been documented in the licensee's medical record for that
25 patient. No licensee shall be subject to professional misconduct
26 proceedings or to disciplinary action by the board solely for
27 prescribing, administering or dispensing long-term antibiotic or
28 antimicrobial therapy for a therapeutic purpose for a patient
29 clinically diagnosed with lyme disease or related tick-borne
30 illnesses if this diagnosis and treatment plan have been
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1 documented in the licensee's medical record for that patient.
2 Section 4. Denial, revocation or suspension of license or
3 discipline of licensee.
4 Nothing in this section shall diminish the right of the board
5 to deny, revoke or suspend the license of a licensee or
6 discipline a licensee who prescribes, administers or dispenses
7 long-term antibiotic or antimicrobial therapy for a
8 nontherapeutic purpose, who fails to monitor the ongoing care of
9 a patient receiving long-term antibiotic or antimicrobial
10 therapy or who fails to keep complete and accurate ongoing
11 records of the diagnosis and treatment of a patient receiving
12 long-term antibiotic or antimicrobial therapy.
13 Section 5. Professional misconduct proceedings.
14 (a) General rule.--Whenever the board initiates or has
15 initiated professional misconduct proceedings against a licensee
16 as a result of a complaint filed by an insurance company,
17 pharmacy benefit manager or comprehensive health services plan
18 pursuant to this act, which in whole or in part concerns the
19 licensee's diagnosis or treatment of lyme disease or any related
20 tick-borne illness, a copy of the complaint shall be disclosed
21 to the licensee within ten days after the licensee's request.
22 (b) Requirements of charges.--Whenever charges are made
23 which, in whole or in part, concern a licensee's diagnosis or
24 treatment of lyme disease or any related tick-borne illness, the
25 charges shall contain a statement of facts sufficient to allow a
26 judicial determination as to whether the charges are proper
27 under this section.
28 (c) Notice of hearing.--Whenever a notice of hearing is
29 served in which the charges or allegations against the licensee
30 in whole or in part concern the licensee's diagnosis or
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1 treatment of lyme disease or any related tick-borne illness or
2 the administration of long-term antibiotic or antimicrobial
3 therapy or concern any patient who has been diagnosed with lyme
4 disease or any related tick-borne illness, the notice shall
5 contain the identity of any experts consulted by the board or to
6 be called to testify by the board and the substance of the
7 opinion of each such expert.
8 Section 6. Applicability.
9 This act shall apply to all applicable proceedings pending on
10 the effective date of this act.
11 Section 7. Effective date.
12 This act shall take effect immediately.
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