Letter from MedChi OPPOSING HB 290
MedChi
The Maryland State Medical Society
1211 Cathedral Street
Baltimore, MD 21201-5516
410.539.0871
Fax: 410.547.0915
1.800.492.1056
www.medchi.org
TO: The Honorable Peter A. Hammen, Chairman
Members, House Health & Government Operations Committee
The Honorable Joseline Pena-Melnyk
FROM: Joseph A. Schwartz, III
Pamela Metz Kasemeyer
J. Steven Wise
DATE: February 11, 2010
RE: OPPOSE – House Bill 290 – Licensed Physicians – Treatment of Lyme
Disease – Discipline
The Maryland State Medical Society (MedChi), which represents over 7,300
Maryland physicians and their patients, opposes House Bill 290.
House Bill 290 prohibits the Board of Physicians from disciplining a physician who
prescribes or dispenses long term antibiotics (greater than 4 weeks) or antimicrobial
therapy to a patient with lyme disease. MedChi opposes this legislation for the following
reasons.
MedChi believes this legislation sets a dangerous precedent by authorizing a course of
treatment in statute. Moreover, the bill could arguably establish a standard of care which,
if not followed, could be evidence of negligence in a medical malpractice case.
Treatment decisions are best left to the considered and professional judgment of
physicians. If a patient believes that the prescribing of long term antibiotics or the failure
to prescribe them was in error, there is a remedy with the Board which allows other
professionals to determine whether that decision was correct or not under the specific
facts of the case.
The Honorable Peter A. Hammen, Chairman
House Bill 290
Page Two
Indeed, nothing currently prohibits a physician from treating a lyme disease patient
with long-term antibiotics or therapy. If there is a problem in this respect, MedChi
understands that certain insurance companies refuse to cover the treatment outlined in the
law for longer than 4 weeks. To the extent a remedy is needed, it may be with the
insurance companies.
For these reasons, MedChi opposes House Bill 290.
For more information call:
Joseph A. Schwartz, III
Pamela Metz Kasemeyer
J. Steven Wise
410-269-1618
Link to Letter- http://www.medchi.org/sites/default/files/HB0290.pdf