1.1 	A bill for an act
1.2 	relating to public health; prohibiting the Board of Medical Practice from bringing 
1.3 	a disciplinary action against a physician for prescribing, administering, or 
1.4 	dispensing long-term antibiotic therapy for Lyme disease; proposing coding for 
1.5 	new law in Minnesota Statutes, chapter 147.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. [147.40] LYME DISEASE TREATMENT.
1.8 		Subdivision 1.Definitions. (a) For purposes of this section, the definitions in this 
1.9 	subdivision have the meanings given them. 
1.10 	(b) "Long-term antibiotic therapy" means administration of oral, intramuscular, or 
1.11 	intravenous antibiotics, singly or in combination, for periods of greater than four weeks.
1.12 	(c) "Lyme disease" means the clinical diagnosis by a physician of the presence in a 
1.13 	patient of signs and symptoms compatible with acute infection with Borrelia burgdorferi, 
1.14 	or with late stage or persistent infection with Borrelia burgdorferi, or with complications 
1.15 	related to such an infection. Lyme disease includes infection which meets the surveillance 
1.16 	criteria set forth by the United States Centers for Disease Control and Prevention (CDC), 
1.17 	and includes other acute and late manifestations of such an infection as determined by 
1.18 	the physician.
1.19 	(d) "Therapeutic purpose" means the use of antibiotics to control a patient's 
1.20 	symptoms determined by the physician as reasonably related to Lyme disease and its 
1.21 	sequelae.
1.22 		Subd. 2.Long-term antibiotic treatment. (a) A physician may prescribe, 
1.23 	administer, or dispense antibiotic therapy for a therapeutic purpose to a patient who has 
1.24 	been diagnosed by the physician with having symptoms of Lyme disease. Notwithstanding 
1.25 	section 147.091, the physician shall not be subject to disciplinary action by the board solely 
2.1 	for prescribing, administering, or dispensing long-term antibiotic therapy for a therapeutic 
2.2 	purpose to a patient who has been clinically diagnosed with Lyme disease by the physician.
2.3 	(b) Nothing in this section shall prohibit the board from bringing disciplinary action 
2.4 	against any physician who:
2.5 	(1) prescribes, administers, or dispenses long-term antibiotic therapy for a 
2.6 	nontherapeutic purpose;
2.7 	(2) fails to monitor the ongoing care of a patient receiving long-term antibiotic 
2.8 	therapy; or
2.9 	(3) fails to keep complete and accurate ongoing records of the diagnosis and 
2.10 	treatment of a patient receiving long-term antibiotic therapy.

2.11 	EFFECTIVE DATE. This section is effective the day following final enactment.