Lyme Doctor Protection Bill Passed in CT

Discussion in 'Lyme Disease Archives' started by elliespad, May 29, 2009.

  1. elliespad

    elliespad Member

    I received this notice from another Lyme board today.

    FOR IMMEDIATE RELEASE

    Contacts: Maggie Shaw Newtown Lyme Disease Task Force Lancaster60@aol.com
    Pat Smith Lyme Disease Association Lymeliter@aol.com

    Newtown, CT, May 29, 2009 ? Patient groups across Connecticut and the nation were jubilant as the Connecticut Senate passed the Lyme disease doctor protection bill today, 36-0, following its unanimous passage in the Connecticut House of Representatives on April 30, 2009.

    HB 6200 contains language that will protect CT licensed Lyme treating physicians from prosecution by the State of Connecticut Medical Examining Board solely on the basis of a clinical diagnosis and /or for treatment of long-term Lyme disease. The bill provides the
    definition for Lyme disease which includes “the presence in a patient
    of signs and symptoms compatible with acute infection with Borrelia burgdorferi;
    or with late stage or persistent or chronic infection with Borrelia
    burgdorferi, or with complications related to such an infection.” It
    also defines clinical diagnosis as determined by a physician “…that is
    based on knowledge obtained through the medical history and physical examination alone, or in conjunction with the testing that
    provides supportive data for such clinical diagnosis.” In addition, it
    provides for updating the Lyme disease definition if other strains are found to cause Lyme disease.

    The final bill was the result of months of negotiations between Legislative Leaders, the Connecticut Department of Public Health and the undersigned patient Groups. According to Maggie Shaw, Newtown
    Lyme Disease Task Force, who has been spearheading the Connecticut
    effort, “Patients in Connecticut and their families will experience
    some relief as a result of the passage of this bill and Governor Rell’s
    hoped-for decision to sign it into law. Instead of having to drive for
    hours to other states, Connecticut residents may actually be able to
    receive treatment in the State for their debilitating symptoms, since
    the bill opens the door to a more friendly treatment climate for
    physicians.”

    Pat
    Smith, president of the national Lyme Disease Association, who has been
    working with legislators in Hartford to secure passage, underscored
    the importance of the bill to patients everywhere: “This bill hits at
    the heart of the Lyme problem, recognizing chronic Lyme infection,
    long-term treatment of Lyme disease,
    and recognizing and defining clinical judgment by physicians.
    Legislators are to be commended for being knowledgeable about the
    problem, focusing on finding a solution acceptable to disparate groups,
    and taking action to make this bill a reality, a win-win for patients,
    doctors and the State itself.”

    The Groups extend their appreciation to all the Senators, especially the sponsors. In particular, we thank Senator Jonathan Harris (CT-5), Co-Chair of the Joint Public Health Committee, and Senator Martin Looney (CT-11), Senate Majority Leader, who took time from their busy schedules prior to passage to meet with the Groups on the importance of the bill.

    In the House, thanks go to Representatives Jason Bartlett, Kim Fawcett, Public Health Committee Co-Chair,
    Betsy Ritter, and Representatives Chris Lyddy, Peggy Reeves and all of
    the legislators who supported this bill. Passage in both houses would
    not have occurred without the support of patients, families and members
    of the Lyme community who wrote letters, made phone calls and testified
    in support of the bill and without the critical input and support of
    the Connecticut Medical Society. The International Lyme and Associated Diseases Society, which consists of Lyme treating physicians, also supported the bill.

    The Groups have confidence that Connecticut Governor M. Jodi Rell will fulfill her commitment to Connecticut residents and quickly sign
    this important piece of legislation into law, which would make
    Connecticut the second state after RI to pass a specific Lyme disease protection bill. Representatives of the Groups met with the Governor’s office earlier this month.

    For wording on the bill, please go to http://www.cga.ct.gov/ HB6200 (File # 903)

    Lyme Disease Association, Inc.
    Newtown Lyme Disease Task Force
    Ridgefield Lyme Disease Task Force
    Time For Lyme, Inc.
    Eastern Connecticut Chapter, Lyme Disease Association

    [Non-text portions of this message have been removed]
  2. KimDC

    KimDC New Member

    Yes...things are moving in the right direction!!!
  3. Nanie46

    Nanie46 Moderator

    Congratulations to all the people in CT who worked hard to get this passed, and who will benefit from this wonderful bill.

    We're moving in the right direction.
  4. maps1

    maps1 Member

    Sorry to tell you this but the bill has not yet been signed. Lymenet is asking everyone to e-mail the governer at this e-mail:

    Governor.Rell@ct.gov

    I am so dissapointed.

    regards
    maps
  5. gapsych

    gapsych New Member


    Any doctor can make mistakes whether a LLMD or MD. So if an LLMD makes a mistake it is okay but if an MD does they are liable?

    I would think that there would have to be some kind of ovesight to review on a case by case basis.

    Am I reading this right?

    Interesting.

    gap
    [This Message was Edited on 06/11/2009]
  6. munch1958

    munch1958 Member

    The IDSA cabal (aka ALDF) won't acknowledge chronic Lyme disease despite what their OWN studies have shown over the past 30 years. After the Bayh-Dole Act was passed, the academics could suddenly profit on their research.

    Then they filed patent applications for test kits, vaccines and changed the testing criteria for a positive test. When money and personal profit was involved on a "new" pathogen they all did a 180 degree turn in their thinking at the expense of patients.

    This is the BEST book on Lyme that I have seen so far. Please read it and decide for yourself who is telling the truth in the Lyme Wars. The patients all know the truth the hard way!

    http://www.amazon.com/Bakers-Dozen-Lunatic-Fringe-Paradigm/dp/0965458067

    See section below regarding liability for doctors:

    http://www.cga.ct.gov/2009/FC/2009HB-06200-R000903-FC.htm

    "Substitute House Bill No. 6200

    Public Act No. 09-128

    AN ACT CONCERNING THE USE OF LONG-TERM ANTIBIOTICS FOR THE TREATMENT OF LYME DISEASE.

    Be it enacted by the Senate and House of Representatives in General Assembly convened:

    Section 1. (NEW) (Effective July 1, 2009) (a) As used in this section, (1) "long-term antibiotic therapy" means the administration of oral, intramuscular or intravenous antibiotics, singly or in combination, for periods of time in excess of four weeks; and (2) "Lyme disease" means the clinical diagnosis by a physician, licensed in accordance with chapter 370 of the general statutes, of the presence in a patient of signs or symptoms compatible with acute infection with borrelia burgdorferi; or with late stage or persistent or chronic infection with borrelia burgdorferi, or with complications related to such an infection; or such other strains of borrelia that, on and after July 1, 2009, are recognized by the National Centers for Disease Control and Prevention as a cause of Lyme disease. Lyme disease includes an infection that meets the surveillance criteria set forth by the National Centers for Disease Control and Prevention, and other acute and chronic manifestations of such an infection as determined by a physician, licensed in accordance with the provisions of chapter 370 of the general statutes, pursuant to a clinical diagnosis that is based on knowledge obtained through medical history and physical examination alone, or in conjunction with testing that provides supportive data for such clinical diagnosis.

    (b) On and after July 1, 2009, a licensed physician may prescribe, administer or dispense long-term antibiotic therapy to a patient for a therapeutic purpose that eliminates such infection or controls a patient's symptoms upon making a clinical diagnosis that such patient has Lyme disease or displays symptoms consistent with a clinical diagnosis of Lyme disease, provided such clinical diagnosis and treatment are documented in the patient's medical record by such licensed physician. Notwithstanding the provisions of sections 20-8a and 20-13e of the general statutes, on and after said date, the Department of Public Health shall not initiate a disciplinary action against a licensed physician and such physician shall not be subject to disciplinary action by the Connecticut Medical Examining Board solely for prescribing, administering or dispensing long-term antibiotic therapy to a patient clinically diagnosed with Lyme disease, provided such clinical diagnosis and treatment has been documented in the patient's medical record by such licensed physician.

    (c) Nothing in this section shall prevent the Connecticut Medical Examining Board from taking disciplinary action for other reasons against a licensed physician, pursuant to section 19a-17 of the general statutes, or from entering into a consent order with such physician pursuant to subsection (c) of section 4-177 of the general statutes. Subject to the limitation set forth in subsection (b) of this section, for purposes of this section, the Connecticut Medical Examining Board may take disciplinary action against a licensed physician if there is any violation of the provisions of section 20-13c of the general statutes."