N.Y. Public Health Law § 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.