An Act To Improve Access to Treatments for Lyme Disease
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA §3282-B is enacted to read:
§ 3282-B. Lyme disease treatment
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Clinical diagnosis" means a diagnosis that is based on knowledge obtained through medical history and physical examination of a patient alone or in conjunction with testing that provides supportive data for the diagnosis.
B. "Long-term antibiotic therapy" means the prolonged administration of oral, intramuscular or intravenous antibiotics for a period greater than 28 days.
C. "Lyme disease" is a condition caused by an infection of the bacterium Borrelia burgdorferi transmitted to humans through the bite of infected blacklegged ticks.
2. Lyme disease treatment. The board may not suspend or revoke a license or discipline a licensee under this chapter because the licensee prescribed, administered or dispensed long-term antibiotic therapy pursuant to a treatment plan for a patient clinically diagnosed with acute, persistent or chronic Lyme disease if:
A. The clinical diagnosis and treatment plan were made considering the patient's individual circumstance and pursuant to a treatment guideline recommended by the United States Department of Health and Human Services, Centers for Disease Control and Prevention; or
B. The licensee used the licensee's best judgment with respect to the particular patient or special clinical situation in the prescription, administration and dispensation of the long-term antibiotic therapy.
SUMMARY
This bill prohibits the Board of Licensure in Medicine from disciplining a physician or revoking or suspending a physician's license for prescribing, administering or dispensing long-term antibiotic therapy to a patient with acute, persistent or chronic Lyme disease if the therapy was pursuant to a treatment plan recommended by the United States Department of Health and Human Services, Centers for Disease Control and Prevention that considered the patient's individual circumstance or was in the best judgment of the physician with respect to the particular patient or special clinical situation.