New York Legislation

NY Lyme2015

Lyme disease legislation gaining traction
May 15, 2015 6:00 pm  • 

QUEENSBURY u Legislation to involve private experts, such as SUNY Adirondack microbiology professor Holly Ahern, in advising the federal government on Lyme disease research and policy is gaining momentum this year with new companion legislation in the U.S. Senate, said Rep. Chris Gibson, R-Kinderhook.

“In a world right now where the medical community is divided, how do we bring people together so that we help them (Lyme disease sufferers) get well?” Gibson said in a recent interview at SUNY Adirondack in Queensbury.

Legislation — HR 789 — that G Read Full Article Here

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Dec 18, 2014 Cuomo signs bill safeguarding Lyme treatments.

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Governor Cuomo is stalling on signing the Lyme bill even though it was voted on unanimously. Lyme patients are setting up campaigns to get him to sign the bill.

Jessica’s Push

Empire State Lyme’s Campaign

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September 9, 2014
Video from C Span for the passing of Bill HR4701 

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Lyme Bill Passed Today!
Today NYS Assembly passed NYS Senator Hannon’s S07854 Lyme bill. When New York State Governor Cuomo signs it into law it will truly be great news for all Lyme patients.  Thanks to everyone and to the patients and patient advocates who worked so hard. A07558 SummaryBILL NO A07558B SAME AS SAME AS S07854 SPONSOR Barrett COSPNSR Russell, Jaffee, Hikind, Galef, Gottfried, Roberts, Cook, Raia, McLaughlin, Simanowitz, Cahill, Skoufis, Fahy, Rosenthal MLTSPNSR Arroyo, Brennan, Crouch, Glick, Lalor, Lupardo, Lupinacci, Mayer, Rivera, Skartados, Solages, Tenney, Thiele, Weisenberg Amd S230, Pub Health L Prohibits the investigation of any claim of medical professional misconduct based solely on treatment that is not universally accepted by the medical profession.
See More information Here! 

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https://www.votervoice.net/NYSCOALITION/Campaigns/36090/Respond

With only 3 weeks till the end of the session,   Senator Kemp Hannon has NYS Senate Bill S5520-B stalled in the Health Committee, where previous versions have been left to expire. This bill would protect the patients’ rights to work with the doctor of their choice to decide the best treatment plans for Lyme & other tick-borne diseases without the physicians fearing reprisal.

Supporting this bill is very easy to do and will only take a minute or two of your time. It will send an e-mail to a number of the NYS Senators who can move or block passage of this bill as well as to your own Senator. Also ask friends, family and social groups to join in. Contact the news and other social media with this information.

Use the VOTERVOICE link above to send your personalized automated letter to key Senators. Please be sure to fill in the box marked “additional comments.”   Enter your reasons for wanting this bill passed, such as: “I was sick for 5 years before I received proper diagnosis”, or “my child has been sick for 3 years”, ” I want the freedom to choose my doctor and  my treatment”,”my friend is sick”, “I am concerned”, etc. Be sure to tell YOUR story — these personal expressions carry a LOT of weight!

Right now it is critical to use the votervoice automated system at the top, we must get the numbers WAY UP.  So do this NOW PLEASE. If you can do more, call Kemp Hannon  518-455-2200 and your own senator to ask them to support of Bill S-5520 B, and if you can, make an appointment to see your senator.

The Senate session ends June 20.  We don’t have much time.  Every effort you can make will help.

Thank you for helping us to help YOU!  We’re all in this together!

PLEASE DO THIS NOW: TOGETHER WE ARE POWERFUL!

 Legislators want to be re-elected. When they hear from many of us,

 they will act!

Jill and Ira Auerbach, Ellen Lubarsky, members

NYS Coalition on Lyme and Tick-borne Diseases

Lyme disease Bill A07558 passed NYS Assembly yesterday: yea/nay133/0

Message from: EmpireStateLyme@aol.com

Bill No.:
Summary Actions Votes Memo Text
A07558 Summary:

BILL NO A07558A

SAME AS SAME AS S05520-B

SPONSOR Barrett

COSPNSR Russell, Jaffee, Hikind, Galef, Gottfried, Roberts, Cook, Raia,
McLaughlin, Simanowitz, Cahill, Skoufis

MLTSPNSR Arroyo, Brennan, Crouch, Glick, Lupardo, Mayer, Rivera, Skartados,
Tenney, Thiele, Weisenberg

Add S230-e, Pub Health L

Authorizes long term antibiotic treatment for certain patients with Lyme
disease and provides that physicians shall not be subject to disciplinary
action for such treatment.
Go to top
A07558 Actions:

BILL NO A07558A

05/23/2013 referred to health
01/08/2014 referred to health
04/29/2014 amend and recommit to health
04/29/2014 print number 7558a
05/06/2014 reported
05/08/2014 advanced to third reading cal.646
05/12/2014 passed assembly
05/12/2014 delivered to senate
05/13/2014 REFERRED TO HEALTH
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A07558 Votes:

BILL:A07558ADATE:05/12/2014MOTION: YEA/NAY:133/0
Abbate Y Corwin Y Glick Y Lavine Y Nolan Y Rozic Y Titus Y
Abinant Y Crespo Y Goldfed Y Lentol Y Oaks Y Russell Y Walter Y
Arroyo Y Crouch Y Goodell Y Lifton Y O’Donne Y Ryan Y Weinste Y
Aubry Y Curran Y Gottfri Y Lopez Y Ortiz Y Saladin Y Weisenb ER
Barclay Y Cusick Y Graf Y Lupardo Y Otis Y Santaba Y Weprin Y
Barrett Y Cymbrow Y Gunther Y Lupinac Y Palmesa Y Scarbor Y Wright ER
Benedet Y Davila Y Hawley Y Magee Y Palumbo Y Schimel Y Zebrows Y
Blanken Y DenDekk Y Heastie Y Magnare ER Paulin Y Schimmi Y Mr Spkr Y
Borelli Y Dinowit Y Henness Y Malliot Y Peoples Y Sepulve Y
Braunst Y DiPietr Y Hevesi ER Markey Y Perry Y Simanow Y
Brennan Y Duprey Y Hikind Y Mayer Y Pichard Y Simotas ER
Brindis Y Englebr Y Hooper Y McDonal Y Pretlow Y Skartad Y
Bronson Y Fahy Y Jacobs Y McDonou Y Quart Y Skoufis Y
Brook-K Y Farrell Y Jaffee Y McKevit Y Ra Y Solages Y
Buchwal Y Finch Y Johns Y McLaugh Y Raia Y Stec Y
Butler Y Fitzpat Y Katz Y Miller Y Ramos ER Steck Y
Cahill Y Friend Y Kavanag Y Millman Y Rivera Y Stirpe Y
Camara Y Galef Y Kearns Y Montesa Y Roberts Y Sweeney Y
Ceretto Y Gantt Y Kellner Y Morelle Y Robinso ER Tedisco Y
Clark Y Garbari Y Kim Y Mosley Y Rodrigu Y Tenney Y
Colton Y Giglio Y Kolb Y Moya Y Rosa Y Thiele Y
Cook Y Gjonaj Y Lalor Y Nojay Y Rosenth Y Titone Y

Go to top
A07558 Text:

S T A T E O F N E W Y O R K
________________________________________________________________________

7558–A

2013-2014 Regular Sessions

I N A S S E M B L Y

May 23, 2013
___________

Introduced by M. of A. BARRETT, RUSSELL, JAFFEE, HIKIND, GALEF, GOTT-
FRIED, ROBERTS, COOK, RAIA, McLAUGHLIN, SIMANOWITZ, CAHILL, SKOUFIS —
Multi-Sponsored by — M. of A. ARROYO, BRENNAN, CROUCH, GLICK, MAYER,
RIVERA, SKARTADOS, TENNEY, THIELE, WEISENBERG — read once and
referred to the Committee on Health — recommitted to the Committee on
Health in accordance with Assembly Rule 3, sec. 2 — committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee

AN ACT to amend the public health law, in relation to authorizing long
term antibiotic treatment for certain patients with Lyme disease

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

1 Section 1. Legislative findings and intent. Lyme disease is an
2 infection transmitted to humans by ticks at epidemic proportions. Based
3 on New York state department of health figures, over 50,000 state resi-
4 dents contracted Lyme disease in 2012 alone. In the case of Lyme
5 disease, the practice of medicine has not kept pace with research
6 advances on the biological agents responsible for the disease symptoms.
7 Outdated and disputed diagnostic and treatment guidelines prevent many
8 of those afflicted from receiving evidenced-based treatment options that
9 could mean the difference between a healthy life and one of chronic pain
10 and progressive disability. Where science and medicine are evolving,
11 patients’ rights must be paramount. Patients with Lyme disease should
12 have the same rights as those with other diseases. They must have the
13 right to be seen and treated by the practitioner of their choice, have
14 the right to be informed that there are differing professional judgments
15 about appropriate care for Lyme disease, and to participate in the
16 choice of treatment as it pertains to their circumstance and preference.
17 The rights of the patients hinge upon the ability of the practitioner to
18 act in the best interest of the patient without fear of reprisal from
19 the professional discipline system when more than one set of guidelines

EXPLANATION–Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11023-08-4
A. 7558–A 2

1 exist. This legislation intends to protect the rights of patients to
2 access evidence-based treatment options for Lyme disease, in New York.
3 S 2. The public health law is amended by adding a new section 230-e to
4 read as follows:
5 S 230-E. DIAGNOSIS AND TREATMENT OF LYME DISEASE. 1. FOR THE PURPOSES
6 OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
7 (A) “LYME DISEASE” MEANS THE PROFESSIONAL CLINICAL DIAGNOSIS OF THE
8 PRESENCE IN A PATIENT OF SIGNS AND SYMPTOMS COMPATIBLE WITH ACUTE
9 INFECTION WITH BORRELIA BURGDORFERI, OR WITH LATE STAGE OR CHRONIC
10 INFECTION WITH BORRELIA BURGDORFERI, OR WITH COMPLICATIONS RELATED TO
11 SUCH AN INFECTION. “LYME DISEASE” INCLUDES INFECTION WHICH MEETS THE
12 SURVEILLANCE CRITERIA SET FORTH BY THE US CENTERS FOR DISEASE CONTROL
13 AND PREVENTION (CDC), BUT ALSO INCLUDES OTHER ACUTE AND CHRONIC MANIFES-
14 TATIONS OF SUCH AN INFECTION AS DETERMINED BY A DIAGNOSING HEALTH CARE
15 PROFESSIONAL.
16 (B) “LONG TERM ANTIBIOTIC THERAPY” MEANS ADMINISTRATION OF ORAL,
17 INTRAMUSCULAR OR INTRAVENOUS ANTIBIOTICS, SINGLY OR IN COMBINATION, FOR
18 PERIODS OF GREATER THAN FOUR WEEKS.
19 (C) “HEALTH CARE PROFESSIONAL” MEANS A HEALTH CARE PROFESSIONAL
20 AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING
21 WITHIN THE LAWFUL SCOPE OF HIS OR HER PRACTICE.
22 2. A HEALTH CARE PROFESSIONAL MAY PRESCRIBE, ADMINISTER, OR DISPENSE
23 ANTIBIOTIC THERAPY TO A PATIENT IN ORDER TO ELIMINATE SUCH INFECTION OR
24 CONTROL A PATIENT’S SYMPTOMS UPON MAKING A CLINICAL DIAGNOSIS OF LYME
25 DISEASE. NO HEALTH CARE PROFESSIONAL SHALL BE SUBJECT TO PROFESSIONAL
26 DISCIPLINE UNDER THIS ARTICLE OR TITLE EIGHT OF THE EDUCATION LAW FOR
27 PRESCRIBING, ADMINISTERING OR DISPENSING LONG-TERM ANTIBIOTIC THERAPY OR
28 OTHER CARE THAT THE HEALTH CARE PROFESSIONAL DETERMINES TO BE REASONABLE
29 AND INTENDED TO BENEFIT A PATIENT CLINICALLY DIAGNOSED WITH LYME
30 DISEASE.
31 S 3. This act shall take effect immediately and shall apply to any
32 professional discipline matter or administrative or judicial review
33 thereof pending on or after the date on which this act takes effect.
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