SB 891 Lyme Disease - Patient Information and Admissibility of Test Results
History- For two years it has been reported that a few individuals and group(s), none who are associated with the Lyme Disease Education and Support Groups of Maryland (LDESGM), approached legislators in Annapolis to create a bill addressing Lyme disease testing.
Throughout this time, these individuals never contacted any of the Lyme Disease Education and Support Groups of Maryland group leaders, its members or patients to consult with or even advise them of the efforts being made "on their behalf" for this bill, SB 891, or HB 1186. In fact, a concentrated effort was made to conceal this effort from the majority of Maryland patients, doctors and groups.
Members of the LDESGM learned about these bill lobbying efforts that had been ongoing in the House and Senate the weekend before the hearing for HB 1168 (March 6, 2012) when a message was sent out by the National Capital Lyme & Tick Borne Disease Association to its "members and friends" on February 28, 2012, and was then forwarded by their members and friends to the LDESGM on the following evening.
In the spirit of cooperation, Senator Brochin and his staff, long time supporters of our Lyme disease patients and their own constituents, submitted a bill in the Senate. While lobbying for the bill, several of these people claiming to represent Maryland patients and doctors began publicly and privately fighting over a variety of topics, including the wording of the bill and whose views were to prevail. They not only fought with each other, they were reported to be "ugly", to put it mildly.
[I must pause here to apologize to Senator Brochin and his dedicated staff for the unacceptable behavior of a few outsiders who are not members of our Maryland groups.]
This disturbing and totally unacceptable behavior alienated legislators, and all but totally ruined the good name of Lyme patients, doctors and support groups in our State. The fighting, hateful mail, and "screaming" at legislators by these so-called Lyme patient representatives became so intolerable the bill was withdrawn by its own sponsor. It has been reported it will not be submitted again.
The final bill can be seen below. It is unclear what the original purpose and goals of the bill were to be when reading this final version.
Due to the efforts of a few individuals working behind the scenes to supposedly "help" Maryland patients, the legislators have been turned-off and the bill is a jumbled, unorganized mess and serves no useful purpose. It will understandably be a while before legislators offer to work with Lyme patients or groups for the purpose of a bill due to these horribly unprofessional actions.
See comments/quotes below that were expressed by people watching or involved in this fiasco as it unfolded.
Senate Action
2/3
First Reading Education Health and Environmental Affairs
2/21
Unfavorable Report by Education Health and Environmental Affairs Withdrawn
House Action
No Action
Bill is in the Senate - Withdrawn Education Health and Environmental Affairs
Sponsored By:
Entitled:
Health - Lyme Disease - Patient Information and Admissibility of Test Results
Synopsis:
File Code: Public Health
Requiring the Department of Health and Mental Hygiene to develop and make available to licensed physicians a specified patient information sheet on Lyme disease and Post-treatment Lyme disease Syndrome; authorizing a licensed physician to give the patient information sheet to specified patients; prohibiting a specified laboratory test from being admitted as specified evidence in specified proceedings; etc.
History by Legislative and Calendar Date
Legislative date is used to record history occurring in the Chambers otherwise Calendar date is used.
For explanation of terms click here.
Senate Action
2/3
First Reading Education Health and Environmental Affairs
2/21
Unfavorable Report by Education Health and Environmental Affairs Withdrawn
House Action
No Action
Bill indexed under the following Subjects:
Diseases -see also- AIDS; Rabies
Health and Mental Hygiene, Department of
Health Occupations -see also- specific health occupations
Physicians -see also- Dentists; Med Exmnrs; Psych; etc
Bill affects the following Statute:
( 18-405 )
Documents
All documents except Roll Call Votes are displayed in PDF format:
Bill Text: First Reading, Third Reading, Enrolled
Fiscal and Policy Note: Not available at this time
Amendments: None offered
Committee Votes
:
Senate
Education, Health, and Environmental Affairs
****** ***** *****
Comments expressed concerning this bill and lobbying effort.
Report from patient- One person mentioned the name "Lyme Capitol something" had been there and "Nat Lyme Disease Capital" was mentioned when I asked who was there, and the word "coalition" was used by another person. Some offices were friendly to me at first but when I said Lyme disease they turned cold. Some doctors were involved in this situation.
"Screaming"- that word was used often. The Lyme group leaders and members were "screaming" at legislators and staff and screaming at each other! "Frenzy" was another word used to describe it. "Back-stabbing" "Hateful" "Crap" "Playing the blame game" "Got completely out of control" and more comments below.
Now I HATE Lyme patients.
These Lyme groups are a bunch of BULL****
In my opinion it was like a war between people and groups and they wanted to be the one to have their name on it for bragging rights, if you know what I mean, no matter what the bill said.
Lyme patients and these groups are a waste of time. I will never try to help them again.
No one can agree. One call was someone screaming because the wording was changed. They all wanted to change the wording to their way.
The emails they sent were ugly.
*********************************************
MEDCHI -THE MARYLAND STATE MEDICAL SOCIETY- OPPOSED SB 891
Oppose
Senate Education Health and Environmental Affairs Committee - Bill Failed
http://www.medchi.org/law-and-advocacy/legislative-newsletter/senate-bills
J1 2lr1008
By: Senator Brochin
Introduced and read first time: February 3, 2012
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning
Health – Lyme Disease – Patient Information and Admissibility of Test Results
FOR the purpose of requiring the Department of Health and Mental Hygiene to develop and make available to licensed physicians a certain patient information sheet on Lyme disease; authorizing a licensed physician to give the patient information sheet to certain patients; prohibiting a certain laboratory test from being admitted as certain evidence in certain proceedings; defining certain terms; and generally relating to Lyme disease information and test results.
BY adding to
Article – Health – General
Section 18–405
Annotated Code of Maryland
(2009 Replacement Volume and 2011 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:
Article – Health – General
18–405.
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.
(2) “CLINICAL DIAGNOSIS” MEANS:
(I) THE OBSERVATION BY A LICENSED PHYSICIAN, THROUGH A MEDICAL HISTORY AND PHYSICAL EXAMINATION ALONE OR IN
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law.
CONJUNCTION WITH TESTING, OF SIGNS AND SYMPTOMS COMPATIBLE WITH ACUTE OR LATE–STAGE LYME DISEASE OR POST–TREATMENT LYME DISEASE SYNDROME; OR
(II) THE OBSERVATION OF SURVEILLANCE CRITERIA SET FORTH BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION.
(3) “LYME DISEASE” MEANS AN ACUTE OR LATE–STAGE INFECTION WITH BORRELIA BURGDORFERI AS DETERMINED BY CLINICAL DIAGNOSIS MADE BY A LICENSED PHYSICIAN.
(4) “POST–TREATMENT LYME DISEASE SYNDROME” MEANS THE LINGERING SYMPTOMS OF FATIGUE, PAIN, OR JOINT AND MUSCLE ACHES THAT CONTINUE AFTER A PATIENT IS TREATED FOR LYME DISEASE.
(B) THE DEPARTMENT SHALL DEVELOP AND MAKE AVAILABLE TO LICENSED PHYSICIANS A PATIENT INFORMATION SHEET ON LYME DISEASE THAT INCLUDES:
(1) THE SYMPTOMS OF LYME DISEASE AND POST–TREATMENT LYME DISEASE SYNDROME RECOGNIZED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION;
(2) A NOTIFICATION THAT:
(I) LABORATORY TESTS FOR LYME DISEASE MAY GIVE A FALSE NEGATIVE RESULT; AND
(II) IF A LABORATORY TEST GIVES A NEGATIVE RESULT, THE PATIENT SHOULD BE RETESTED AT THE DISCRETION OF THE PATIENT’S PHYSICIAN; AND
(3) A STATEMENT THAT INFORMS THE PATIENT THAT:
(I) INFORMATION REGARDING LYME DISEASE IS INCOMPLETE AND REMAINS MEDICALLY UNCERTAIN; AND
(II) THAT THERE IS NO TREATMENT FOR POST–TREATMENT LYME DISEASE SYNDROME THAT HAS BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION.
2 SENATE BILL 891
(C) A LICENSED PHYSICIAN MAY GIVE THE INFORMATION SHEET DEVELOPED UNDER SUBSECTION (B) OF THIS SECTION TO EACH PATIENT WHO IS TESTED FOR LYME DISEASE.
(D) A LABORATORY TEST THAT GIVES A NEGATIVE RESULT FOR LYME DISEASE OR POST–TREATMENT LYME DISEASE SYNDROME MAY NOT BE ADMITTED, AS EVIDENCE THAT A PATIENT DOES NOT HAVE LYME DISEASE OR POST–TREATMENT LYME DISEASE SYNDROME, IN:
(1) A COURT PROCEEDING IN THE STATE;
(2) A PROCEEDING REGARDING THE DENIAL OF INSURANCE BENEFITS; OR
(3) A STATE BOARD OF PHYSICIANS DISCIPLINARY PROCEEDING.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2012.