Revision: July 16, 2020, 2:35 p.m.
CHAPTER 9
HB 490 - FINAL VERSION
27Feb2019... 0062h
02/13/2020 0611s
30Jun2020... 1542EBA
2020 SESSION
19-0518
01/06
HOUSE BILL 490
SPONSORS: Rep. Moffett, Merr. 9; Rep. McMahon, Rock. 7; Rep. Saunderson, Merr. 9; Rep. Karrick, Merr. 25
COMMITTEE: Health, Human Services and Elderly Affairs
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AMENDED ANALYSIS
This bill establishes a commission to study the use and limitations of serological diagnostic tests to determine the presence or absence of Lyme and other tick-borne diseases and the development of appropriate methods to educate physicians and the public with respect to the inconclusive nature of prevailing test methods.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Feb2019... 0062h
02/13/2020 0611s
30Jun2020... 1542EBA 19-0518
01/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
I. The general court hereby finds that the lack of understanding and agreement on the causes of, and the effectiveness of alternative prevailing tests for, Lyme and other tick-borne diseases, and on the alternatives currently used to treat patients with chronic symptoms after diagnosis of tick-borne diseases, has left patients in a divided world of controversy without adequate access to affordable care. At the same time, the American Medical Association requires that physicians disclose and discuss with patients the risks and benefits of both a proposed treatment and the risks and benefits of available alternative treatments.
II. The general court finds that it is in the public interest for the state to encourage development and dissemination of more comprehensive clinician and patient education that highlights diverse symptomology, the expanding geography of infecting ticks, the limitations of current testing procedures and treatment protocols, and the importance of providing patients with accurate information about these testing and treatment limitations and available alternatives. The development of such comprehensive clinician and patient education programs requires the participation of diverse stakeholder groups, including clinicians, research scientists, and patients who represent the spectrum of scientific and medical expertise and perspectives on tick-borne disease.
9:2 New Section; Commission to Study Testing for Lyme and Other Tick-Borne Diseases. Amend RSA 141-C by inserting after section 6 the following new section:
141-C:6-a Commission Established.
I. There is hereby established a commission to study the use and limitations of serological diagnostic tests to determine the presence or absence of Lyme and other tick-borne diseases and the development of appropriate methods to educate physicians and the public with respect to the inconclusive nature of prevailing test methods.
II.(a) The members of the commission shall be as follows:
(1) Two members of the house health, human services and elderly affairs committee, one of whom shall be a physician and one of whom shall be a lay person, appointed by the speaker of the house of representatives.
(2) One member of the senate who shall be a member of the health and human services committee, appointed by the president of the senate.
(3) A representative of the New Hampshire Medical Society, appointed by the society.
(4) A physician licensed under RSA 329 who is certified to treat Lyme disease patients by the International Lyme and Associated Diseases Society (ILADS), appointed by the society.
(5) The state epidemiologist, or designee.
(6) Two members of the public who have been treated for chronic Lyme and/or other tick-borne diseases, alternatively referred to as Post Treatment Lyme Disease Syndrome (PTLDS), one of whom shall have been a Lyme disease patient for at least 5 years, appointed by the governor.
(7) One mental health professional, appointed by the New Hampshire chapter of the National Alliance on Mental Illness (NAMI).
(8) A physician specializing in neurology, rheumatology, or later-stage tick-borne infection treatment specialist, appointed by the Infectious Disease Society of America (IDSA).
(9) A tick-borne disease expert, appointed by the SOLO Wilderness Medicine School.
(10) A nurse practitioner or a representative of the New Hampshire Nurse Practitioner Association, appointed by the association.
(b) Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
III. The commission shall:
(a) Consider expert studies and testimony on the role of clinical diagnosis, the limitations of serological diagnostic tests, and the complexities presented by co-infections relating to symptomology, diagnosis, and treatment in determining the presence or absence of Lyme and other tick-borne diseases, including at a minimum testing methods recommended respectively by IDSA, ILADS, the Center for Disease Control and Prevention (CDC), and the Tick-Borne Disease Working Group (TBDWG) established under the 21st Century Cures Act of 2016.
(b) Consider and make recommendations relative to appropriate methods to educate the medical profession and the public on the inconclusive nature of currently prevailing methods of diagnosing Lyme and other tick-borne diseases.
(c) Consider the newly proposed recommendations on tick-borne illness by the Centers for Disease Control and Prevention.
(d) Recommend legislation that the commission deems appropriate to address the rising incidence of chronic Lyme and other tick-borne diseases in New Hampshire.
IV. The first meeting of the commission shall be called by the first-named house member, who shall serve as chairperson of the commission. The first meeting of the commission shall be held within 45 days of the effective date of this section. The commission shall meet as often as necessary, but no less often than monthly, and shall hear testimony from patients treated for chronic Lyme and other tick-borne diseases, medical practitioners licensed in New Hampshire or other states who diagnose and treat chronic Lyme and other tick-borne diseases, and academic and professional experts experienced in the diagnosis and treatment of such diseases. Six members of the commission shall constitute a quorum.
V. The commission shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2021.
9:3 Repeal. RSA 141-C:6-a, relative to a commission to study the use and limitations of serological diagnostic tests to determine the presence or absence of Lyme and other tick-borne diseases and the development of appropriate methods to educate physicians and the public with respect to the inconclusive nature of prevailing test methods, is repealed.
I. Section 3 of this act shall take effect November 1, 2021.
II. The remainder of this act shall take effect upon its passage.
Approved: July 14, 2020
Effective Date:
I. Section 3 effective November 1, 2021
II. Remainder effective July 14, 2020