Virginia Bills H-1933 & SB-971
PLEASE SEE THE SUBLINKS AT THE BOTTOM OF THIS PAGE FOR UPDATES
HOUSE BILL NO. 1933
Offered January 9, 2013
Prefiled January 9, 2013
A BILL to amend the Code of Virginia by adding a section numbered 54.1-2963.2, relating to Lyme disease; disclosure of information to patients.
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Patron-- Comstock
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Referred to Committee on Health, Welfare and Institutions
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Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 54.1-2963.2 as follows:
§ 54.1-2963.2. Lyme disease testing information disclosure.
Every physician licensed pursuant to this chapter shall provide the following notice related to Lyme disease to each patient for whom a laboratory test for the presence of Lyme disease is ordered:
ACCORDING TO THE CENTERS FOR DISEASE CONTROL AND PREVENTION, AS OF 2011 LYME DISEASE IS THE 6TH FASTEST GROWING DISEASE IN THE UNITED STATES.
YOUR PHYSICIAN HAS ORDERED A LABORATORY TEST FOR THE PRESENCE OF LYME DISEASE FOR YOU. CURRENT LABORATORY TESTING FOR LYME DISEASE CAN BE PROBLEMATIC AND STANDARD LAB TESTS OFTEN RESULT IN FALSE NEGATIVE AND FALSE POSITIVE RESULTS, AND IF DONE TOO EARLY, YOU MANY 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 UNEXPLAINED SYMPTOMS, YOU SHOULD BE RETESTED PERIODICALLY AND YOU SHOULD CONTACT YOUR PHYSICIAN IF YOU HAVE ANY QUESTIONS OR CONCERNS.
Click here for more information. Click here for updates.
Click here for fiscal impact Statement.
SPONSOR CONTACT INFORMATION
In-session address:
Mailing address:
MEMBERSHIP
Orrock (Chairman), O'Bannon, Bell, Robert B., Peace, Crockett-Stark, Pogge, Merricks, Bell, Richard P.,Garrett, Stolle, Robinson, Helsel, Yost, Ransone, Hodges, Spruill, Sickles, Howell, A.T., BaCote, Morrissey,Hope, Dance
MEETS
Tuesday and Thursday, 8:30 a.m., House Room D
13104654D
HOUSE BILL NO. 1933
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Health, Welfare and Institutions
on January 31, 2013)
(Patron Prior to Substitute--Delegate Comstock)
A BILL to require the Department of Health to provide certain information related to Lyme disease on its website.
Be it enacted by the General Assembly of Virginia:
1. § 1. In order for health care providers and patients to have additional information on the treatment and diagnosis of Lyme disease, the Virginia Department of Health shall update its website to contain the following information:
"IN THE EVENT THAT YOUR PHYSICIAN HAS ORDERED A LABORATORY TEST FOR THE PRESENCE OF LYME DISEASE, YOU SHOULD BE AWARE THAT THE CURRENT LABORATORY TESTING FOR LYME DISEASE IS NOT PERFECT AND THE ACCURACY OF RESULTS MAY VARY. FOR EXAMPLE, IF YOU ARE TESTED TOO EARLY, YOU MAY NOT HAVE PRODUCED ENOUGH ANTIBODIES TO CAUSE THE RESULTS TO BE 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 MEAN YOU DO NOT HAVE LYME DISEASE. YOU SHOULD CONTACT YOUR PHYSICIAN IF YOU CONTINUE TO EXPERIENCE UNEXPLAINED SYMPTOMS OR IF YOU HAVE ANY QUESTIONS OR CONCERNS."
§ 2. The Department of Health shall distribute information and guidance regarding the occurrence of Lyme disease in the Commonwealth and diagnosis of Lyme disease, including information related to the occurrence of false negative results in testing for Lyme disease, to physicians in the Commonwealth and shall encourage physicians to disseminate such information to patients.
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13101234D
SENATE BILL NO. 971
Offered January 9, 2013
Prefiled January 8, 2013
A BILL to amend the Code of Virginia by adding a section numbered 54.1-2963.2, relating to Lyme disease; disclosure of information to patients.
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Patron-- Black
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Referred to Committee on Education and Health
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Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 54.1-2963.2 as follows:
§ 54.1-2963.2. Lyme disease testing information disclosure.
Every physician licensed pursuant to this chapter shall provide the following notice related to Lyme disease to each patient for whom a laboratory test for the presence of Lyme disease is ordered:
ACCORDING TO THE CENTERS FOR DISEASE CONTROL AND PREVENTION, AS OF 2011 LYME DISEASE IS THE 6TH FASTEST GROWING DISEASE IN THE UNITED STATES.
YOUR PHYSICIAN HAS ORDERED A LABORATORY TEST FOR THE PRESENCE OF LYME DISEASE FOR YOU. CURRENT LABORATORY TESTING FOR LYME DISEASE CAN BE PROBLEMATIC AND STANDARD LAB TESTS OFTEN RESULT IN FALSE NEGATIVE AND FALSE POSITIVE RESULTS, AND IF DONE TOO EARLY, YOU MANY 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 UNEXPLAINED SYMPTOMS, YOU SHOULD BE RETESTED PERIODICALLY AND YOU SHOULD CONTACT YOUR PHYSICIAN IF YOU HAVE ANY QUESTIONS OR CONCERNS.
Click here for more information. Click here for updates.
Click here for Fiscal Impact Statement.
UPDATE- January 29, 2013 Vote in Senate & Discussion, Click Here.
New Wording Proposed by the Virginia Medical Society and Accepted. Changes are highlighted in red font.
2013 SESSION
SENATE SUBSTITUTE
13104652D
1 SENATE BILL NO. 971
2 FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE
3 (Proposed by Senator Black
4 on January 28, 2013)
5 (Patron Prior to Substitute––Senator Black)
6 A BILL to amend the Code of Virginia by adding a section numbered 54.1-2963.2, relating to Lyme
7 disease; disclosure of information to patients.
8 Be it enacted by the General Assembly of Virginia:
9 1. That the Code of Virginia is amended by adding a section numbered 54.1-2963.2 as follows:
10 § 54.1-2963.2. Lyme disease testing information disclosure.
11 A. Every licensee or his in-office designee who orders a laboratory test for the presence of Lyme
12 disease shall provide to the patient or his legal representative the following written information:
13 "ACCORDING TO THE CENTERS FOR DISEASE CONTROL AND PREVENTION, AS OF 2011
14 LYME DISEASE IS THE SIXTH FASTEST GROWING DISEASE IN THE UNITED STATES.
15 YOUR HEALTH CARE PROVIDER HAS ORDERED A LABORATORY TEST FOR THE PRESENCE
16 OF LYME DISEASE FOR YOU. CURRENT LABORATORY TESTING FOR LYME DISEASE CAN BE
17 PROBLEMATIC AND STANDARD LABORATORY TESTS OFTEN RESULT IN FALSE NEGATIVE AND
18 FALSE POSITIVE RESULTS, AND IF DONE TOO EARLY, YOU MAY NOT HAVE PRODUCED
19 ENOUGH ANTIBODIES TO BE CONSIDERED POSITIVE BECAUSE YOUR IMMUNE RESPONSE
20 REQUIRES TIME TO DEVELOP ANTIBODIES. IF YOU ARE TESTED FOR LYME DISEASE, AND
21 THE RESULTS ARE NEGATIVE, THIS DOES NOT NECESSARILY MEAN YOU DO NOT HAVE LYME
22 DISEASE. IF YOU CONTINUE TO EXPERIENCE SYMPTOMS, YOU SHOULD CONTACT YOUR
23 HEALTH CARE PROVIDER AND INQUIRE ABOUT THE APPROPRIATENESS OF RETESTING OR
24 ADDITIONAL TREATMENT."
25 B. Licensees shall be immune from civil liability for the provision of the written information required
26 by this section absent gross negligence or willful misconduct.
27 2. That the provisions of this act shall expire on July 1, 2018.
Link for New Bill Wording, Click HERE.