Chapter 495

2014 -- S 2924 SUBSTITUTE A AS AMENDED

Enacted 07/08/14

 

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - LYME DISEASE DIAGNOSIS AND TREATMENT

Introduced By: Senator Stephen R.Archambault

Date Introduced: April 30, 2014

 

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 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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LC005304/SUB A
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