2014 -- H 7123

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LC003364

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - LYME DISEASE DIAGNOSIS AND

TREATMENT

     Introduced By: Representatives Costantino, Ruggiero, Winfield, Keable, and Marshall

     Date Introduced: January 16, 2014

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 5-37.5 of the General Laws entitled "Lyme Disease Diagnosis and

Treatment" is hereby amended by adding thereto the following section:

     5-37.5-6. Lyme disease testing information disclosure. – (a) Every physician or his/her

in-office designee who orders a laboratory test for the presence of Lyme disease shall provide to

the patient or his/her legal representative the following information.

     “ACCORDING TO THE CENTERS FOR DISEASE CONTROL AND PREVENTION,

AS OF 2011 LYME DISEASE IS THE SIXTH FASTEST GROWING DISEASE IN THE

UNITED STATES.

     YOUR HEALTH CARE PROVIDER HAS ORDERED A LABORATORY TEST FOR

THE PRESENCE OF LYME DISEASE FOR YOU. CURRENT LABORATORY TESTING

FOR LYME DISEASE CAN BE PROBLEMATIC AND STANDARD LABORATORY TESTS

OFTEN RESULT IN FALSE NEGATIVE AND FALSE POSITIVE RESULTS, AND IF DONE

TOO EARLY, YOU MAY NOT HAVE PRODUCED ENOUGH ANTIBODIES TO BE

CONSIDERED POSITIVE BECAUSE YOU’RE YOUR IMMUNE RESPONSE REQUIRES

TIME TO DEVELOP ANTIBODIES. IF YOU ARE TESTED FOR LYME DISEASE AND

THE RESULTS ARE NEGATIVE THIS DOES NOT NECESSARILY MEAN YOU DO NOT

HAVE LYME DISEASE. IF YOU CONTINUE TO EXPERIENCE SYMPTOMS, YOU

SHOULD CONTACT YOUR HEALTH CARE PROVIDER AND INQUIRE ABOUT THE

APPROPRIATENESS OF RETESTING OR ADDITIONAL TREATMENT.”

     (b) Physicians shall be immune from civil liability for the provision of the written

information required by this section absent gross negligence or willful misconduct.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - LYME DISEASE DIAGNOSIS AND

TREATMENT

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     This act would require that a written notice be given to a person who has been referred

for testing for Lyme disease. This act would also provide physicians with immunity from civil

liability for the provision of the written notice, absent gross negligence or willful misconduct.

     This act would take effect upon passage.

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LC003364

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