AN ACT

 

1Establishing a task force on Lyme disease and related maladies; 
2and providing for powers and duties of the task force, the 
3Department of Health, the Department of Conservation and 
4Natural Resources and the Pennsylvania Game Commission to 
5execute prevention and education strategies.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1.  Short title.

9This act shall be known and may be cited as the Lyme and
10Related Tick-Borne Disease Surveillance, Education, Prevention
11and Treatment Act.

12Section 2.  Findings.

13The General Assembly finds that:

14(1)  Lyme disease and other tick-borne diseases are
15carried primarily by ticks and pose a serious threat to the
16health and quality of life of many citizens of this
17Commonwealth.

18(2)  The most common way to acquire Lyme disease is to be

1bitten by a tick that carries the spirochete.

2(3)  In 2009, 5,722 cases of Lyme disease were reported
3in this Commonwealth, the highest number of cases reported in
4any state, and representing a 76% increase since 2006. In
52011, provisional numbers of 7,484 cases confirm this ongoing
6upward trend.

7(4)  These trends illustrate the World Health
8Organization's (WHO) projections through 2100. The WHO states
9that Lyme disease will increasingly become a public health
10threat in the United States. Pennsylvania needs to be
11prepared to deal with this trend, which is already being
12observed in Pennsylvania's statistics.

13(5)  Lyme disease is most prevalent in Southeastern
14Pennsylvania, but it is found across this Commonwealth.

15(6)  With proper precautions taken while engaged in
16outdoor activities, people can greatly reduce their chances
17of tick pathogen transmission by making sure that frequent
18tick checks are made and ticks are removed and disposed of
19promptly and properly.

20(7)  The early clinical diagnosis and appropriate
21treatment of these tick-borne disorders and diseases can
22greatly reduce the risks of continued symptoms which can
23affect every system and organ of the human body and often
24every aspect of life.

25(8)  Left untreated, Lyme disease can cause a number of
26signs and symptoms which can become quite severe.

27Section 3.  Legislative intent.

28It is the intent of the General Assembly:

29(1)  To provide the public with information and education
30to create greater public awareness of the dangers of and

1measures available to prevent, diagnose and treat Lyme
2disease and related maladies.

3(2)  To ensure that:

4(i)  Licensees, insurers, patients and governmental
5agencies are educated about treatment options.

6(ii)  Licensees provide patients with sufficient
7information about treatment options to enable patients to
8make an informed choice as part of informed consent and
9to respect the autonomy of that choice.

10(iii)  Pennsylvania government agencies provide
11unbiased information regarding treatment options.

12Section 4.  Definitions.

13The following words and phrases when used in this act shall
14have the meanings given to them in this section unless the
15context clearly indicates otherwise:

16"Department."  The Department of Health of the Commonwealth.

17"Licensee."  A licensed physician, a physician's assistant, a
18certified registered nurse practitioner or other licensed health
19care professional.

20"Lyme disease."  The clinical diagnosis of a patient by a
21licensed physician or certified registered nurse practitioner of
22the presence of signs or symptoms compatible with acute, late-
23stage, persistent infection with Borrelia burgdorferi or
24complications related to such infection or with such other
25strains of Borrelia that are recognized by the Centers for
26Disease Control and Prevention as a cause of Lyme disease. The
27term includes infection that meets the surveillance criteria
28established by the Centers for Disease Control and Prevention
29and other acute and persistent manifestations of such an
30infection as determined by a physician.

1"Related tick-borne illness."  A case of Bartonella,
2babesiosis/piroplasmosis, anaplasmosis, ehrlichiosis or other
3tick-transmissible illness. The term does not include Lyme
4disease.

5"Secretary."  The Secretary of Health of the Commonwealth.

6"State officials."  The term includes the Secretary of
7Environmental Protection of the Commonwealth.

8"Task force."  The task force established by this act.

9Section 5.  Task force.

10(a)  Establishment.--The department shall establish a task
11force on Lyme disease and related tick-borne diseases.

12(b)  Purpose.--The task force shall investigate and make
13recommendations to the department regarding:

14(1)  The surveillance and prevention of Lyme disease and
15related tick-borne illnesses in this Commonwealth.

16(2)  Raising awareness about the long-term effects of the
17misdiagnosis of Lyme disease.

18(3)  Development of a program of general public and
19health care professional information and education regarding
20Lyme disease which shall include the broad spectrum of
21scientific and treatment options regarding all stages of Lyme
22disease and related tick-borne illnesses.

23(4)  Cooperation with the Pennsylvania Game Commission to
24disseminate the information required under paragraph (3) to
25licensees of the commission and the general public.

26(5)  Cooperation with the Department of Conservation and
27Natural Resources to disseminate the information required
28under paragraph (3) to the general public and visitors of
29State parks and lands.

30(6)  Cooperation with the Department of Education to:

1(i)  Disseminate the information required under
2paragraph (3) to school administrators, faculty and
3staff, parents, guardians and students.

4(ii)  Determine what role schools may play in the
5prevention of Lyme disease, including, but not limited
6to, prompt removal and reporting of tick removals to
7State officials.

8(iii)  Update policies to recognize signs or symptoms
9of Lyme disease and related tick-borne illnesses as
10health conditions potentially requiring accommodations.

11(7)  Cooperation of the Department of Environmental
12Protection to test ticks and provide results and to publish
13infection rates on its publicly accessible Internet website.

14(c)  Composition..--The task force shall be composed of the
15following individuals:

16(1)  The secretary or a designee.

17(2)  The Secretary of the Commonwealth or a designee.

18(3)  The Secretary of Education or a designee.

19(4)  The Deputy Secretary for Parks and Forestry in the
20Department of Conservation and Natural Resources or a
21designee.

22(5)  The Director of the Bureau of Information and
23Education of the Pennsylvania Game Commission or a designee.

24(6)  Two physicians licensed in this Commonwealth who are
25knowledgeable concerning treatment of Lyme disease and
26related tick-borne illness and who are members of the
27International Lyme and Associated Diseases Society.

28(7)  Two physicians licensed in this Commonwealth who are
29knowledgeable concerning treatment of Lyme disease and
30related tick-borne illness and who are members of the

1Infectious Diseases Society of America.

2(8)  An epidemiologist licensed in this Commonwealth who
3has expertise in spirochetes and related infectious diseases.

4(9)  Two individuals who represent Lyme disease patient
5groups who may be a Lyme disease patient or a family member
6of a Lyme disease patient.

7(10)  One individual who is a Lyme disease patient or
8family member of a Lyme disease patient.

9(11)  Two registered nurses licensed in this
10Commonwealth, one of whom is a certified registered nurse
11practitioner and both of whom are knowledgeable concerning
12Lyme disease and related tick-borne illness.

13(12)  The Director of Vector Management of the 
14Department of Environmental Protection.

15(13)  An entomologist with the Department of Entomology
16of The Pennsylvania State University who has experience in
17tick identification and tick borne diseases.

18(14)  A registered school nurse licensed in this
19Commonwealth who is knowledgeable concerning Lyme disease and
20related tick-borne illness.

21(15)  Two veterinarians licensed in this Commonwealth, at
22least one of whom is a veterinary epidemiologist and both of
23whom are knowledgeable concerning Lyme disease and related
24tick-borne illness.

25(d)  Meetings.--

26(1)  Within 45 days of the effective date of this
27section, the secretary shall appoint the members of the task
28force. The secretary shall appoint a chairman of the task
29force.

30(2)  The task force shall convene within 90 days of the

1effective date of this section and shall meet at least
2quarterly.

3(3)  The task force shall issue a report with
4recommendations to the secretary within one year of its first
5meeting. The report shall also be transmitted to the Public
6Health and Welfare Committee of the Senate and the Health
7Committee of the House of Representatives.

8(4)  Nothing in this act shall be construed to prohibit
9the task force from making interim reports.

10(e)  Compensation and expenses.--The members of the task
11force shall receive no compensation for their services but shall
12be allowed their actual and necessary expenses incurred in
13performance of their duties. Reimbursement shall be provided by
14the department.

15(f)  Duties of department.--The department shall:

16(1)  Develop a program of general public and health care
17professional information and education regarding Lyme disease
18which shall include the broad spectrum of scientific and
19treating options regarding all stages of Lyme disease and
20related tick-borne illnesses.

21(2)  Develop an active tick collection, testing and
22surveillance program in cooperation with the Department of
23Environmental Protection to provide a better understanding
24of, including, but not limited to, the full range of tick-
25borne diseases, geographic hot spots and levels of
26infectivity to be used in targeting prevention and education
27efforts. This effort may include the exploration of and
28recommendations regarding the use of veterinary data on tick-
29borne disease prevention, specifically dogs and horses and
30perhaps other animals, as the Centers for Disease Control and

1Prevention has recommended.

2(3)  Cooperate with the Pennsylvania Game Commission to
3disseminate the information required under paragraph (1) to
4licensees of the Pennsylvania Game Commission and the general
5public.

6(4)  Cooperate with the Department of Conservation and
7Natural Resources to disseminate the information required
8under paragraph (1) to the general public and visitors of
9State parks and lands.

10(5)  Cooperate with the Department of Education to:

11(i)  Disseminate the information required under
12paragraph (1) to school administrators, school nurses,
13faculty and staff, parents, guardians and students.

14(ii)  Determine what role schools may play in the
15prevention of Lyme disease, including, but not limited
16to, prompt removal and reporting of tick removals to
17State officials.

18(iii)  Update policies to recognize signs or symptoms
19of Lyme disease and related tick-borne illnesses as
20health conditions potentially requiring accommodations.

21(6)  Cooperate with professional associations of health
22care professionals to provide the education program for
23professionals required under paragraph (1).

24(7)  Cooperate with the Department of Environmental
25Protection to publish and make available on its publicly
26accessible Internet website the information developed under
27paragraph (2) to health care professionals and the general
28public.

29(8)  Cooperate with the Pennsylvania State University,
30Department of Entomology, cooperative extension program for

1integrated pest management, to disseminate educational
2resources about ticks, related diseases and integrated pest
3management for disease prevention as required under paragraph
4(1) to health care professionals and the general public.

5(9)  Identify and apply for public and private grants and
6funding in order to carry out the provisions of this act.

7Section 6.  Effective date.

8This act shall take effect immediately.