Vermont- 2014

LINK TO BILL WORDING

No. 134. An act relating to Lyme disease and other tick-borne illnesses.

(H.123)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. FINDINGS

The General Assembly finds:

(1) Lyme disease, caused by one or more Borrelia species of spirochete bacteria, is increasingly widespread in Vermont and has become endemic in the State.

(2) Lyme disease is a fast growing vector-borne disease in Vermont.

(3) Lyme disease may be successfully treated with a short-term course of antibiotics if diagnosed early; however, for patients whose Lyme disease is not identified early, complex and ongoing symptoms may require more aggressive treatment as acknowledged by the Centers for Disease Control and Prevention and the International Lyme and Associated Diseases Society.

(4) Treatment of Lyme disease needs to be tailored to the individual patient, and there is a range of opinions within the medical community regarding proper treatment of Lyme disease.

(5) Coinfection by other tick-borne illnesses may complicate and lengthen the course of treatment.

Sec. 2. PURPOSE

The purpose of this act is to ensure that patients have access to treatment for Lyme disease and other tick-borne illnesses in accordance with their needs, the clinical judgment of their physicians, and any of the guidelines referenced in Sec. 3(4) of this act.

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No. 134 Page 2 of 3

Sec. 3. POLICY STATEMENT

A policy statement clearly communicating the following shall be issued by

the Vermont State Board of Medical Practice to physicians licensed pursuant to 26 V.S.A. chapter 23 and to physician assistants licensed pursuant to

26 V.S.A. chapter 31; the Vermont Board of Osteopathic Physicians to physicians licensed pursuant to 26 V.S.A. chapter 33; the Office of Professional Regulation to naturopathic physicians licensed pursuant to

26 V.S.A. chapter 81; and the Vermont Board of Nursing to advanced practice registered nurses licensed pursuant to 26 V.S.A. chapter 28:

(1) a physician, physician assistant, naturopathic physician, or nurse practitioner, as appropriate, shall document the basis for diagnosis of and treatment for Lyme disease, other tick-borne illness, or coinfection in a patient’s medical record;

(2) a physician, physician assistant, naturopathic physician, or nurse practitioner, as appropriate, shall provide information to assist patients’ understanding of the available Lyme disease tests, the meaning of a diagnostic Lyme disease test result, and any limitations to that test result;

(3) a physician, physician assistant, naturopathic physician, or nurse practitioner, as appropriate, shall obtain a patient’s informed consent in writing prior to administering any proposed long-term treatment for Lyme disease, other tick-borne illness, or coinfection; and


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No. 134 Page 3 of 3

(4) the Board or Office of Professional Regulation shall not pursue disciplinary action against a physician, physician assistant, naturopathic physician, or nurse practitioner, as appropriate, solely for the use of medical care recognized by the guidelines of the Centers for Disease Control and Prevention, Infectious Diseases Society of America, or International Lyme and Associated Diseases Society for the treatment of a patient’s symptoms when the patient is clinically diagnosed with Lyme disease or other tick-borne illness; however, this does not preclude discipline for errors, omissions, or other unprofessional conduct when practicing within such guidelines.

Sec. 4. REPORT

On or before January 15, 2015 and 2016, the Commissioner of Health shall report to the House Committee on Health Care and to the Senate Committee on Health and Welfare on the following:

(1) the trends in the spread of Lyme disease and other tick-borne illnesses throughout Vermont, including a description of the surveillance criteria used in evaluating the spread of these diseases; and

(2) the Department of Health’s public education initiatives to date regarding the prevention and treatment of Lyme disease and other tick-borne illnesses, including an assessment of each initiative’s effectiveness.

Sec. 5. EFFECTIVE DATE

This act shall take effect on July 1, 2014. Date Governor signed bill: May 22, 2014


VT LEG #300961 v.1

H.123 (Act 134)

An act relating to Lyme disease and other tick-borne illnesses

Rep. Eileen "Lynn" Dickinson, Rep. Bill Botzow, Rep. Cynthia Browning, Rep. Brian Campion, Rep. Steve Carr, Rep. Kevin "Coach" Christie, Rep. Alison H. Clarkson, Rep. Dan Connor, Rep. Bill Frank, Rep. Patsy French, Rep. Doug Gage, Rep. Michael Hebert, Rep. Bob Krebs, Rep. Joan G. Lenes, Rep. William J. Lippert, Rep. Michael Mrowicki, Rep. Jean O'Sullivan, Rep. Paul N. Poirier, Rep. Brian K. Savage, Rep. Butch Shaw, Rep. Loren Shaw, Rep. Kristy Spengler, Rep. Will Stevens, Rep. Vicki Strong, Rep. Valerie A. Stuart, Rep. Thomas Terenzini, Rep. Maida Townsend, Rep. Linda J. Waite-Simpson, Rep. Philip C. Winters, Rep. Mark Woodward, Rep. Mike Yantachka, Rep. Kate Webb

House Committee on Health Care

5/22/2014 - Signed by Governor on May 22, 2014

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An act relating to Lyme disease and other tick-borne illnesses

Detailed Status

2013 - 2014 Legislative Session

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