Revision: Dec. 20, 2017, 1:15 p.m.
SB 475 - AS INTRODUCED
2018 SESSION
18-2826
01/10
SENATE BILL 475
AN ACT relative to testing for Lyme disease.
SPONSORS: Sen. Daniels, Dist 11; Rep. P. Schmidt, Straf. 19; Rep. M. MacKay, Hills. 30; Rep. LeBrun, Hills. 32
COMMITTEE: Health and Human Services
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2826
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:
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 upon its passage.