TITLE 5
Businesses and Professions

CHAPTER 5-37.5
Lyme Disease Diagnosis and Treatment

SECTION 5-37.5-6


§ 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 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.

History of Section.
(P.L. 2014, ch. 495, § 1; P.L. 2014, ch. 508, § 1.)