MEDCHI Letter OPPOSING

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