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Minnesota Legislature

Office of the Revisor of Statutes

SF 3583

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Current Version - as introduced

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1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10
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A bill for an act
relating to public health; prohibiting the Board of Medical Practice from bringing
a disciplinary action against a physician for prescribing, administering, or
dispensing long-term antibiotic therapy for Lyme disease; proposing coding for
new law in Minnesota Statutes, chapter 147.

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

Section 1.

new text begin [147.40] LYME DISEASE TREATMENT.
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) "Long-term antibiotic therapy" means administration of oral, intramuscular, or
intravenous antibiotics, singly or in combination, for periods of greater than four weeks.
new text end

new text begin (c) "Lyme disease" means the clinical diagnosis by a physician of the presence in a
patient of signs and symptoms compatible with acute infection with Borrelia burgdorferi,
or with late stage or persistent infection with Borrelia burgdorferi, or with complications
related to such an infection. Lyme disease includes infection which meets the surveillance
criteria set forth by the United States Centers for Disease Control and Prevention (CDC),
and includes other acute and late manifestations of such an infection as determined by
the physician.
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 treatment. new text end

new text begin (a) A physician may prescribe,
administer, or dispense antibiotic therapy for a therapeutic purpose to a patient who has
been diagnosed by the physician with having symptoms of Lyme disease. Notwithstanding
section 147.091, the physician shall not be subject to disciplinary action by the board solely
for prescribing, administering, or dispensing long-term antibiotic therapy for a therapeutic
purpose to a patient who has been clinically diagnosed with Lyme disease by the physician.
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 EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end