Connecticut Seal

General Assembly

 

Committee Bill No. 6200

January Session, 2009

 

LCO No. 5211

 

*05211HB06200PH_*

Referred to Committee on Public Health

 

Introduced by:

 

(PH)

 

AN ACT CONCERNING THE USE OF LONG-TERM ANTIBIOTICS FOR THE TREATMENT OF LYME DISEASE.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective July 1, 2009) (a) On and after July 1, 2009, a licensed physician may prescribe, administer or dispense long-term antibiotic therapy for a therapeutic purpose to a patient upon making a clinical diagnosis that such patient has Lyme disease or displays symptoms consistent with a clinical diagnosis of Lyme disease, provided such clinical diagnosis and treatment plan are documented in the patient's medical record by such licensed physician. Notwithstanding the provisions of sections 20-8a and 20-13e of the general statutes, on and after said date, the Department of Public Health shall not initiate a disciplinary action against a licensed physician and such physician shall not be subject to disciplinary action by the Connecticut Medical Examining Board solely for prescribing, administering or dispensing long-term antibiotic therapy for a therapeutic purpose to a patient clinically diagnosed with Lyme disease, provided such clinical diagnosis and treatment plan have been documented in the patient's medical record by such licensed physician. For purposes of this section, "long-term antibiotic therapy" means the administration of oral, intramuscular or intravenous antibiotics, singly or in combination, for periods of time in excess of four weeks.

(b) Nothing in this section shall prevent the Connecticut Medical Examining Board from taking disciplinary action against a licensed physician, pursuant to section 19a-17 of the general statutes, or a consent order entered into pursuant to subsection (c) of section 4-177 of the general statutes. Subject to limitation set forth in subsection (a) of this section, for purposes of this section, the Connecticut Medical Examining Board may take disciplinary action against a licensed physician for: (1) Prescribing, administering or dispensing antibiotics on the basis of an incomplete clinical assessment; (2) failing to adequately monitor the ongoing care of a patient receiving long-term antibiotic therapy; (3) failing to maintain complete and accurate ongoing records of the diagnosis and treatment of a patient receiving long-term antibiotic therapy; or (4) any of the reasons set forth in section 20-13c of the general statutes.

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2009

New section

Statement of Purpose:

To allow a licensed physician to prescribe, administer or dispense long-term antibiotics for a therapeutic purpose to a patient clinically diagnosed with Lyme disease.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]

Co-Sponsors:

REP. FAWCETT, 133rd Dist.; REP. GODFREY, 110th Dist.

REP. HORNISH, 62nd Dist.; REP. LYDDY, 106th Dist.

REP. REEVES, 143rd Dist.; SEN. MCKINNEY, 28th Dist.

REP. TABORSAK, 109th Dist.; REP. TONG, 147th Dist.

REP. BYE, 19th Dist.; REP. HURLBURT, 53rd Dist.

REP. HWANG, 134th Dist.; REP. DREW, 132nd Dist.

REP. BARTLETT, 2nd Dist.; REP. COOK, 65th Dist.

REP. FRITZ, 90th Dist.; SEN. MCLACHLAN, 24th Dist.

REP. CONROY, 105th Dist.; REP. WILLIS, 64th Dist.

REP. FREY, 111th Dist.; REP. FOX, 146th Dist.

REP. BERGER, 73rd Dist.; REP. HEINRICH, 101st Dist.

REP. MIOLI, 136th Dist.; REP. WOOD, 141st Dist.

REP. CAMILLO, 151st Dist.; REP. SHARKEY, 88th Dist.

REP. KIRKLEY-BEY, 5th Dist.; REP. URBAN, 43rd Dist.

REP. MCCLUSKEY, 20th Dist.; REP. BACKER, 121st Dist.

REP. PERONE, 137th Dist.; REP. JOHNSTON, 51st Dist.

REP. FONTANA, 87th Dist.; REP. SPALLONE, 36th Dist.

REP. REED, 102nd Dist.

H.B. 62000