2014 -- S 2924 SUBSTITUTE A AS AMENDED

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LC005304/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - LYME DISEASE DIAGNOSIS AND

TREATMENT

     Introduced By: Senator Stephen R.Archambault

     Date Introduced: April 30, 2014

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 5-37.5 of the General Laws entitled "Lyme Disease Diagnosis and

Treatment" is hereby amended by adding thereto the following section:

     5-37.5-6. Lyme disease testing information disclosure. -- (a) Every physician or his/her

in-office designee who orders a laboratory test for the presence of Lyme disease shall provide to

the patient or his/her legal representative the following 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 RESULTS, AND IF DONE TOO EARLY, YOU

MAY NOT HAVE PRODUCED ENOUGH ANTIBODIES TO BE CONSIDERED POSITIVE

BECAUSE YOU’RE 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."

     (b) Physicians shall be immune from civil liability for the provision of the written

information required by this section absent gross negligence or willful misconduct.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - LYME DISEASE DIAGNOSIS AND

TREATMENT

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     This act would require that a written notice may be given to a person who has been

referred for testing for Lyme disease.

     This act would take effect upon passage.

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