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SF 1631

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/11/2010 11:41am

KEY: stricken = removed, old language.
underscored = added, new language.
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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 beginLONG-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 physician of the
presence of signs or symptoms compatible with acute, late stage, persistent, or chronic
infection with Borrelia burgdorferi, or with other strains of Borrelia that are recognized by
the national Centers for Disease Control and Prevention as a cause of Lyme disease, or
with complications related to such an infection.
new text end

new text begin (c) "Clinical diagnosis" means a diagnosis that is based on knowledge obtained
through medical history and physical examination alone or in conjunction with testing that
provides supportive data for the diagnosis.
new text end

new text begin (d) "Long-term antibiotic therapy" means the prolonged administration of oral,
intramuscular, or intravenous antibiotics, singly or in combination, for periods of time
greater than 28 days.
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) The Board of Medical Practice shall
not impose disciplinary action as described in Minnesota Statutes, section 147.141,
against any physician solely on the basis of prescribing, administering, or dispensing
long-term antibiotic therapy 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 imposing disciplinary action
in accordance with Minnesota Statutes, chapter 147, against any physician who:
new text end

new text begin (1) fails to monitor the ongoing care of a patient receiving long-term antibiotic
therapy; or
new text end

new text begin (2) 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.
new text end

Sec. 2. new text beginEFFECTIVE DATE.
new text end

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