Bill Details - HB1388 (2018)

HB 1388-FN - AS INTRODUCED

 

 

2018 SESSION

18-2246

01/10

 

HOUSE BILL 1388-FN

 

AN ACT relative to testing for Lyme disease.

 

SPONSORS: Rep. H. Moffett, Merr. 9

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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ANALYSIS

 

This bill requires health care providers to provide certain information to persons being tested for Lyme disease.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2246

01/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to testing for Lyme disease.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Statement of Purpose.  

I.  The general court recognizes that:

(a)  Lyme disease is the sixth fastest growing disease in the United States according to the Centers for Disease Control and Prevention.

(b)  Lyme disease is difficult to diagnose and treat.

(c)  Blood tests performed within the first month after initial infection often produce false results.

II.  Therefore, the general court hereby requires health care providers to provide certain information to persons being tested for Lyme disease.

2  New Chapter; Lyme Disease.  Amend RSA by inserting after chapter 141-J the following new chapter:

CHAPTER 141-K

LYME DISEASE

141-K:1  Definitions.  In this chapter:

I.  "Lyme disease" means an infection caused by Borrelia burgdorferi, a type of bacterium called a spirochete that is carried by deer ticks.  An infected tick can transmit the spirochete to the humans and animals it bites.  Untreated, the bacterium travels through the bloodstream, establishes itself in various body tissues, and can cause a number of symptoms, some of which are severe.

II.  "Health care provider" means a person who is duly licensed, certified, authorized, or registered under the laws of the state to provide health care.

141-K:2  Lyme Disease Test Results.

I.  Every health care provider who orders a laboratory test for the presence of Lyme disease shall provide to the patient or his or her legal representative the following written information:

"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."

II.  Health care providers shall also provide the detailed test results to the patient or the patient's representative.

III.  A health care provider who provides the notice required under this section shall be immune from civil liability for providing the notice unless the health care provider acts with gross negligence or willful misconduct.

IV.  Health care providers in violation of this chapter shall be subject to disciplinary actions from the appropriate licensing, certifying, or registration authority.

3  Effective Date.  This act shall take effect January 1, 2019.

 

LBAO

18-2246

10/25/17

 

HB 1388-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to testing for Lyme disease.

 

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2019 through 2022.

 

AGENCIES CONTACTED:

Department of Health and Human Services and Office of Professional Licensure and Certification

 

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Health, Human Services and Elderly Affairs HJ 1 P. 9
Jan. 17, 2018 Public Hearing: 01/17/2018 01:15 PM LOB 205
Jan. 25, 2018 Executive Session: 01/25/2018 LOB 205
Committee Report: Refer for Interim Study (Vote 19-0; CC)
Feb. 22, 2018 Committee Report: Refer for Interim Study for 02/22/2018 (Vote 19-0; CC) HC 7 P. 10
Feb. 22, 2018 Refer for Interim Study: MA VV 02/22/2018 HJ 5 P. 13

Action Dates

Date Body Type
Jan. 17, 2018 House Hearing
Jan. 25, 2018 House Exec Session

Bill Text Revisions

HB1388 Revision: 1863 Date: Nov. 6, 2017, 4:14 p.m.