House File 2591 - Introduced
HOUSE FILE 2591
BY COMMITTEE ON HEALTH AND
HUMAN SERVICES
(SUCCESSOR TO HF 2289)
A BILL FOR
1 An Act relating to Lyme disease, including notice and consent
2 provisions required for Lyme disease testing, and continuing
3 education requirements for health care providers.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. NEW SECTION. 135.194 Lyme disease —— laboratory
2 test —— notice requirement and content —— cause of action ——
3 licensee discipline.
4 1. A health care provider who draws the blood of a patient
5 to perform a laboratory test for the presence of Lyme disease
6 or a medical laboratory that performs a laboratory test for the
7 presence of Lyme disease shall provide the following written
8 notice to the patient at the time the patient’s blood is drawn:
9 Your health care provider has ordered a laboratory test
10 for the presence of Lyme disease for you. Current laboratory
11 testing for Lyme disease can be problematic and standard
12 laboratory tests often result in false negative and false
13 positive results and, if performed too early, you may not have
14 produced enough antibodies to be considered positive because
15 your immune response requires time to develop antibodies.
16 If you are tested for the presence of Lyme disease and the
17 results are negative, this does not necessarily mean you do not
18 have Lyme disease. If you continue to experience unexplained
19 symptoms, you should contact your health care provider and
20 inquire about the appropriateness of retesting or initial or
21 additional treatment.
22 2. At any time, if the department determines there are
23 significant differences between the content of the notice
24 required by subsection 1 and the most recent medical evidence
25 on Lyme disease testing, the department may adopt rules
26 pursuant to chapter 17A to amend the content of the notice to
27 reflect the most recent medical evidence.
28 3. The provision by a health care provider or medical
29 laboratory of the notice required by this section shall not be
30 the sole basis for a cause of action or licensee discipline.
31 4. For the purposes of this section:
32 a. “Health care provider” means an individual licensed
33 under chapter 148, 148C, 148D, 152, or 152E, or any individual
34 who provides medical services under the authorization of the
35 licensee.
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1 b. “Medical laboratory” means any facility, entity, or site
2 that offers or performs tests or examinations in connection
3 with the diagnosis and control of human diseases or the
4 assessment of human health, nutritional, or medical conditions.
5 Sec. 2. NEW SECTION. 135.195 Continuing education ——
6 treatment strategies for prolonged symptoms due to Lyme disease.
7 Each licensing board for a health care provider as defined
8 in section 135.194 shall develop continuing education
9 requirements regarding treatment strategies to assist patients
10 with prolonged symptoms due to Lyme disease in managing and
11 recovering from these prolonged symptoms.
12 Sec. 3. Section 147.56, Code 2024, is amended to read as
13 follows:
14 147.56 Lyme disease treatment —— laboratory testing notice ——
15 exemption from licensee discipline.
16 1. A person licensed by a board under this subtitle shall
17 not be subject to discipline under this chapter or the board’s
18 enabling statute based solely on the licensee’s recommendation
19 or provision of a treatment method for Lyme disease or other
20 tick-borne disease if the recommendation or provision of such
21 treatment meets all the following criteria:
22 1. a. The treatment is provided after an examination is
23 performed and informed consent is received from the patient.
24 2. b. The licensee identifies a medical reason for
25 recommending or providing the treatment.
26 3. c. The treatment is provided after the licensee informs
27 the patient about other recognized treatment options and
28 describes to the patient the licensee’s education, experience,
29 and credentials regarding the treatment of Lyme disease or
30 other tick-borne disease.
31 4. d. The licensee uses the licensee’s own medical
32 judgment based on a thorough review of all available clinical
33 information and Lyme disease or other tick-borne disease
34 literature to determine the best course of treatment for the
35 individual patient.
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1 5. e. The treatment will not, in the opinion of the
2 licensee, result in the direct and proximate death of or
3 serious bodily injury to the patient.
4 2. A health care provider as defined in section 135.194
5 shall not be subject to licensee discipline under this chapter
6 or the board’s enabling statute solely on the basis of the
7 provision of the notice required by section 135.194.
8 Sec. 4. CODE EDITOR DIRECTIVE. The Code editor is directed
9 to create a new subchapter XXXVII in chapter 135 as follows:
10 Subchapter XXXVII shall be entitled “LYME DISEASE TESTING ——
11 NOTICE AND CONSENT REQUIREMENTS —— CONTINUING EDUCATION” and
12 include sections 135.194 and 135.195.
13 EXPLANATION
14 The inclusion of this explanation does not constitute agreement with
15 the explanation’s substance by the members of the general assembly.
16 This bill relates to notice and consent requirements for
17 testing and treatment of Lyme disease.
18 The bill provides that a health care provider who draws
19 the blood of a patient to perform a laboratory test for
20 the presence of Lyme disease or a medical laboratory that
21 performs a laboratory test for the presence of Lyme disease
22 shall provide the written notice prescribed in the bill to
23 the patient at the time the patient’s blood is drawn. The
24 notice must include statements that: current laboratory
25 testing for the presence of Lyme disease can be problematic
26 and standard laboratory tests often result in false negative
27 and false positive results; that if testing is performed too
28 early, the patient may not have produced enough antibodies to
29 be considered positive because the patient’s immune response
30 requires time to develop antibodies; that if the patient is
31 tested for the presence of Lyme disease and the results are
32 negative, this does not necessarily mean the patient does
33 not have Lyme disease; and that if the patient continues
34 to experience unexplained symptoms, the patient should
35 contact the patient’s health care provider and inquire about
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1 the appropriateness of retesting or initial or additional
2 treatment.
3 If at any time the department of health and human services
4 (HHS) finds there are significant differences between the
5 content of the required notice and the most recent medical
6 evidence on Lyme disease testing, HHS may adopt administrative
7 rules to amend the content of the notice to reflect the most
8 recent medical evidence. Additionally, the provision by a
9 health care provider or medical laboratory of the notice
10 required under the bill shall not be the sole basis for a cause
11 of action or licensee discipline.
12 “Health care provider” and “medical laboratory” are defined
13 in the bill.
14 The bill also requires professional licensing boards
15 for health care providers to develop continuing education
16 requirements regarding treatment strategies to assist patients
17 with prolonged symptoms due to Lyme disease in managing and
18 recovering from these prolonged symptoms.
19 The bill also amends a Code provision relating to Lyme
20 disease treatment and exemption from licensee discipline to
21 provide that a health care provider as defined under the bill
22 shall not be subject to licensee discipline under Code chapter
23 147 (general provisions, health-related professions) or the
24 health licensing board’s enabling statute solely on the basis
25 of the provision of the notice required under the bill.
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Statutes affected:
Introduced: 135.194