Medical Society of Virginia OBJECTS- Strongly

Gov. McDonnell signs Lyme bill over MSV objections

14 March 2013

On Wed., March 13, Gov. Bob McDonnell signed HB 1933, which will require that physicians provide patients tested for Lyme disease with a written notice explaining the uncertainty of the test results. The Medical Society of Virginia (MSV) urged him to veto the legislation.

Physicians and others using MSV’s grassroots action center sent 828 messages to the governor calling for a veto. In addition to MSV, eight specialty societies and other health care stakeholder groups wrote letters on behalf of their memberships requesting a veto. Those groups include:

American Academy of Pediatrics, Virginia Chapter

American College of Physicians, Virginia Chapter

Infectious Disease Society of America

Psychiatric Society of Virginia

Virginia Academy of Family Physicians

Virginia Academy of Physician Assistants

Virginia College of Emergency Physicians

Virginia Council of Nurse Practitioners

Virginia Hospital and Healthcare Association

Virginia Orthopaedic Society

Virginia Society of Eye Physicians and Surgeons

Virginia Society of Otolaryngologists

MSV physicians also wrote letters to the editor and op-eds that ran in several papers across the commonwealth. You can read their pieces by following these links:

• 3/14—Virginian Pilot letter to the editor, Doctors, not legislators by Mitch Miller, M.D.
• 3/9—Daily Press op-ed, Who'll make your health care calls? by Sterling N. Ransone Jr., M.D., FAAFP
• 3/8—Virginia Pilot article, Doctors say state is meddling with Lyme disease billquoting Sterling N. Ransone Jr., M.D., FAAFP
• 3/4—Roanoke Times letter to the editor, Pick of the Day: General Assembly’s overreach by Catherine Lesko Daniel, M.D.
• 3/2—Richmond Times Dispatch op-ed, Libby: Legislators should stay out of exam room by Russell C. Libby, M.D., FAAP

MSV appreciates the unified efforts of physicians and other provider groups to reach out to the governor to explain their concerns about the legislation.

While the notice to patients is short, MSV appealed to the governor for a veto on the grounds that he has pledged to minimize governmental red tape and mandates on private enterprise. MSV recognizes that while many physicians do not treat patients with Lyme disease, this bill sets a disconcerting precedent for other patient groups to come forward in the future regarding other tests or procedures and create further government intrusions in physicians’ relationships with their patients.

The required notice is as follows:

"ACCORDING TO THE CENTERS FOR DISEASE CONTROL AND PREVENTION, AS OF 2011 LYME DISEASE IS THE SIXTH FASTEST GROWING DISEASE IN THE UNITED STATES.

YOUR HEALTH CARE PROVIDER HAS ORDERED A LABORATORY TEST FOR THE PRESENCE OF LYME DISEASE FOR YOU. CURRENT LABORATORY TESTING FOR LYME DISEASE CAN BE PROBLEMATIC AND STANDARD LABORATORY TESTS OFTEN RESULT IN FALSE NEGATIVE AND FALSE POSITIVE RESULTS, AND IF DONE TOO EARLY, YOU MAY NOT HAVE PRODUCED ENOUGH ANTIBODIES TO BE CONSIDERED POSITIVE BECAUSE YOUR IMMUNE RESPONSE REQUIRES TIME TO DEVELOP ANTIBODIES. IF YOU ARE TESTED FOR LYME DISEASE, AND THE RESULTS ARE NEGATIVE, THIS DOES NOT NECESSARILY MEAN YOU DO NOT HAVE LYME DISEASE. IF YOU CONTINUE TO EXPERIENCE SYMPTOMS, YOU SHOULD CONTACT YOUR HEALTH CARE PROVIDER AND INQUIRE ABOUT THE APPROPRIATENESS OF RETESTING OR ADDITIONAL TREATMENT."

As part of the statute, licensees will be immune from civil liability for the provision of the written notice absent gross negligence or willful misconduct. The requirement to provide the notice will sunset on July 1, 2018.

The House of Delegates approved the bill in late February by a vote of 56-40. Click here to see the roll call. The Senate approved the mandatory notice language by a vote of 30-10. The Senate roll call can be found here.

In the coming months, MSV will continue its outreach efforts to inform legislators about the unintended consequences of legislation that adversely affects the sanctity of the physician patient relationship. Look for more information about how you can help with these efforts in future MSV communications.

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Comments: 1

Now you know who voted for this bill. If your legislator didn't represent YOU, call him or her!