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Capital IconMinnesota Legislature

HF 2597

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:32pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/08/2010

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5
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A bill for an act
relating to public health; limiting the Board of Medical Practice from bringing
a disciplinary action against a physician for prescribing, administering, or
dispensing long-term antibiotic therapy for chronic Lyme disease.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin LONG-TERM ANTIBIOTIC THERAPY FOR CHRONIC LYME
DISEASE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the definitions in this
subdivision have the meanings given them.
new text end

new text begin (b) "Chronic Lyme disease" means the clinical diagnosis by a primary care
physician, rheumatologist, infectious disease specialist, or neurologist of the presence of
signs and symptoms compatible with Borrelia burgdorferi or with complications related to
such an infection that persist after the completion of an established recommended course
of antibiotic treatment for acute Lyme disease.
new text end

new text begin (c) "Long-term antibiotic therapy" means the prolonged administration of oral,
intramuscular, or intravenous antibiotics, singly or in combination, for periods of greater
than the recommended 28-day course of antibiotic treatment for acute Lyme disease.
new text end

new text begin (d) "Therapeutic purpose" means the use of antibiotics to control a patient's
symptoms determined by the physician as reasonably related to Lyme disease and its
sequelae.
new text end

new text begin Subd. 2. new text end

new text begin Long-term antibiotic therapy. new text end

new text begin (a) Notwithstanding Minnesota Statutes,
section 147.091, a physician shall not be subject to disciplinary action by the Board of
Medical Practice solely on the basis of prescribing, administering, or dispensing long-term
antibiotic therapy for a therapeutic purpose to a patient who has been clinically diagnosed
with chronic Lyme disease.
new text end

new text begin (b) Nothing in this section shall prohibit the board from bringing disciplinary action
against any physician who:
new text end

new text begin (1) prescribes, administers, or dispenses long-term antibiotic therapy for a
nontherapeutic purpose;
new text end

new text begin (2) fails to monitor the ongoing care of a patient receiving long-term antibiotic
therapy; or
new text end

new text begin (3) fails to keep complete and accurate ongoing records of the diagnosis and
treatment of a patient receiving long-term antibiotic therapy.
new text end

new text begin Subd. 3. new text end

new text begin Sunset. new text end

new text begin This section expires July 1, 2015, or upon the passage of federal
legislation that provides for a scientifically qualified assessment of the research gaps
in the diagnosis and treatment of chronic Lyme disease and an evaluation of treatment
guidelines and their utilization, whichever is later.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective the day following final enactment.
new text end