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New York Public Health Law Section 206-b - Special Requirements With Respect To Lyme Disease Diagnosis.

Legal Research Home > New York Lawyer > Public Health > New York Public Health Law Section 206-b - Special Requirements With Respect To Lyme Disease Diagnosis.

    § 206-b. Special requirements with respect to Lyme disease diagnosis.
  1. Within thirty days after the effective  date  of  this  section,  the
  commissioner  shall,  in  writing,  order  every physician practicing in
  Suffolk, Westchester and Nassau counties to review the  medical  records
  of  any  patient  such  physician  treated  during the period commencing
  January first, nineteen hundred seventy-five and ending on the  date  of
  such   order  wherein  such  physician  made  a  diagnosis  of  juvenile
  rheumatoid arthritis and to review the circumstances of  such  diagnosis
  to  reconsider  whether such patient has suffered, or is suffering, from
  the complex, multi-system disorder  caused  by  the  bacterium  Borrelia
  burgdorferi, which disease is transmitted by the Ixodes dammini tick and
  is  commonly referred to as "Lyme disease". In any case where a hospital
  or other health care institution or provider has custody or  control  of
  the  medical  records  for  a  patient  so  diagnosed, upon request such
  physician shall be entitled to review such medical records for  purposes
  of  complying  with  such  order  or the commissioner may order any such
  hospital or other health care institution or provider wherever  situated
  within  the  state  to  review such records to reconsider a diagnosis of
  Lyme disease.
    2. The commissioner, upon a showing that there is a  reasonable  basis
  to  believe  that  the  order  provided for herein has not been complied
  with, shall be entitled to apply to a justice of the supreme  court  for
  an  order  requiring any such physician to submit for the commissioner's
  consideration such records, charts or other pertinent  data  which  will
  enable him to determine whether there has been full compliance with such
  order.
    3. In any case where a review of such records indicates that a patient
  may have been, or is, suffering from Lyme disease, such physician shall,
  consistent  with  customary  and acceptable medical standards, take such
  action he deems necessary to inform such patient or in  the  case  of  a
  minor, his or her parent or guardian of his findings, conduct additional
  tests,  administer  other  necessary treatments or refer such patient to
  another physician for further diagnosis and/or treatment.

Last modified: August 13, 2006