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 <-surveillance, 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.

1(2) The most common way to acquire Lyme disease is to be
2bitten by a tick that carries the spirochete.

<-3(3) In 2009, 5,722 cases of Lyme disease were reported
4in this Commonwealth, the highest number of cases reported in
5any state, and representing a 76% increase since 2006. In
62011, provisional numbers of 7,484 cases confirm this ongoing
7upward trend.

8(4) These trends illustrate the World Health
9Organization's (WHO) projections through 2100. The WHO states
10that Lyme disease will increasingly become a public health
11threat in the United States. Pennsylvania needs to be
12prepared to deal with this trend, which is already being
13observed in Pennsylvania's statistics.

<-14(3) In 2009 and 2011, this Commonwealth ranked highest
15in the country in the number of confirmed cases of Lyme
16disease. From 2002 through 2011, this Commonwealth has
17reported a total 42,032 confirmed cases of Lyme Disease.

18(4) The World Health Organization (WHO) states that Lyme
19disease will increasingly become a public health threat in
20the United States.

21(5) In August 2013, the Centers for Disease Control and
22Prevention (CDC) released a report that preliminary estimates
23indicate approximately 300,000 Americans are diagnosed with
24Lyme disease each year. This is approximately 10 times higher
25than the number of cases previously reported to the CDC every
26year.

<-27(5) (6) Lyme disease is most prevalent in Southeastern
28Pennsylvania, but it is found <-and is increasing across this
29Commonwealth.

<-30(6) (7) With proper precautions taken while engaged in

1outdoor activities, people can greatly reduce their chances
2of tick pathogen transmission by making sure that frequent
3tick checks are made and ticks are removed and disposed of
4promptly and properly.

<-5(7) (8) The early clinical diagnosis and appropriate
6treatment of these tick-borne disorders and diseases can
7greatly reduce the risks of continued symptoms which can
8affect every system and organ of the human body and often
9every aspect of life.

<-10(8) (9) Left untreated, Lyme disease can cause a number
11of signs and symptoms which can become quite severe.

12Section 3. Legislative intent.

13It is the intent of the General Assembly:

14(1) To provide the public with information and education
15to create greater public awareness of the dangers of and
16measures available to prevent, diagnose and treat Lyme
17disease and related maladies.

18(2) To ensure that:

<-19(i) Licensees, insurers, patients and governmental
20agencies are educated about treatment options.

21(ii) Licensees provide patients with sufficient
22information about treatment options to enable patients to
23make an informed choice as part of informed consent and
24to respect the autonomy of that choice.

25(iii) Pennsylvania government agencies provide
26unbiased information regarding treatment options.

<-27(i) Health care professionals, insurers, patients
28and governmental agencies are educated about the broad
29spectrum of scientific and treatment options regarding
30all stages of Lyme disease and related tick-borne

1illnesses.

2(ii) Health care professionals provide patients with
3information about the broad spectrum of scientific and
4treatment options regarding all stages of Lyme disease
5and related tick-borne illnesses to enable patients to
6make an informed choice as part of informed consent and
7to respect the autonomy of that choice.

8(iii) Government agencies in this Commonwealth
9provide information regarding the broad spectrum of
10scientific and treatment options regarding all stages of
11Lyme disease and related tick-borne illnesses.

12(iv) A system is established for tick surveillance.

13Section 4. Definitions.

14The following words and phrases when used in this act shall
15have the meanings given to them in this section unless the
16context clearly indicates otherwise:

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

<-18"Licensee." "Health care professional." A licensed
19physician, a physician's assistant, a certified registered nurse
20practitioner or other licensed health care professional.

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

1manifestations of such an infection as determined by a
2physician.

3"Related tick-borne illness." A case of Bartonella,
4babesiosis/piroplasmosis, anaplasmosis, ehrlichiosis or other
5tick-transmissible illness. The term does not include Lyme
6disease.

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

8"State officials." The term includes the Secretary of
9Environmental Protection of the Commonwealth.

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

11Section 5. Task force.

12(a) Establishment.--The department shall establish a task
13force on Lyme disease and related tick-borne diseases.

14(b) Purpose.--The task force shall investigate and make
15recommendations to the department regarding:

16(1) The surveillance and prevention of Lyme disease and
17related tick-borne illnesses in this Commonwealth.

18(2) Raising awareness about the long-term effects of the
19misdiagnosis of Lyme disease.

20(3) Development of a program of general public and
21health care professional information and education regarding
22Lyme disease which shall include the broad spectrum of
23scientific and treatment options regarding all stages of Lyme
24disease and related tick-borne illnesses.

25(4) Cooperation with the Pennsylvania Game Commission to
26disseminate the information required under paragraph (3) to
27licensees of the commission and the general public.

28(5) Cooperation with the Department of Conservation and
29Natural Resources to disseminate the information required
30under paragraph (3) to the general public and visitors of

1State parks and lands.

2(6) Cooperation with the Department of Education to:

3(i) Disseminate the information required under
4paragraph (3) to school administrators, faculty and
5staff, parents, guardians and students.

6(ii) Determine what role schools may play in the
7prevention of Lyme disease, including, but not limited
8to, <-prompt removal and reporting of tick removals to 
9State officials. <-integrated pest management strategies, 
10prompt removal and reporting of tick removals to parents, 
11guardians and State officials.

12(iii) Update policies to recognize signs or symptoms
13of Lyme disease and related tick-borne illnesses as
14health conditions potentially requiring accommodations.

15(7) <-Cooperation of the Department of Environmental 
16Protection to test ticks and provide results and to publish 
17infection rates on its publicly accessible Internet website. 
<-18An active tick collection, testing, surveillance and 
19communication program as provided under subsection (f)(2).

20(c) Composition..--The task force shall be composed of the
21following individuals:

22(1) The secretary or a designee.

23(2) The Secretary of the Commonwealth or a designee.

24(3) The Secretary of Education or a designee.

25(4) The Deputy Secretary for Parks and Forestry in the
26Department of Conservation and Natural Resources or a
27designee.

28(5) The Director of the Bureau of Information and
29Education of the Pennsylvania Game Commission or a designee.

30(6) Two physicians licensed in this Commonwealth who are

1knowledgeable concerning treatment of Lyme disease and
2related tick-borne illness and who are members of the
3International Lyme and Associated Diseases Society.

4(7) Two physicians licensed in this Commonwealth who are
5knowledgeable concerning treatment of Lyme disease and
6related tick-borne illness and who are members of the
7Infectious Diseases Society of America.

8(8) An epidemiologist licensed in this Commonwealth who
9has expertise in spirochetes and related infectious diseases.

10(9) Two individuals who represent Lyme disease patient
11groups who may be a Lyme disease patient or a family member
12of a Lyme disease patient.

13(10) One individual who is a Lyme disease patient or
14family member of a Lyme disease patient.

15(11) Two registered nurses licensed in this
16Commonwealth, one of whom is a certified registered nurse
17practitioner and both of whom are knowledgeable concerning
18Lyme disease and related tick-borne illness.

19(12) The Director of Vector Management of the
20Department of Environmental Protection.

21(13) An entomologist with the Department of Entomology
22of The Pennsylvania State University who has experience in
23tick identification and <-tick borne tick-borne diseases.

24(14) A registered school nurse licensed in this
25Commonwealth who is knowledgeable concerning Lyme disease and
26related tick-borne illness.

27(15) Two veterinarians licensed in this Commonwealth, at
28least one of whom is a veterinary epidemiologist and both of
29whom are knowledgeable concerning Lyme disease and related
30tick-borne illness.

<-1(16) A representative from the Northeast DNA Laboratory
2of East Stroudsburg University who is knowledgeable about
3vector-borne diseases.

4(d) Meetings.--

5(1) Within 45 days of the effective date of this
6section, the secretary shall appoint the members of the task
7force. The secretary shall appoint a chairman of the task
8force.

9(2) The task force shall convene within 90 days of the
10effective date of this section and shall meet at least
11quarterly. <-The task force may convene meetings via 
12teleconference.

13(3) The task force shall issue a report with
14recommendations to the secretary within one year of its first
15meeting. The report shall also be transmitted to the Public
16Health and Welfare Committee of the Senate <-and, the Health
17Committee of the House of Representatives <-and the Human 
18Services Committee of the House of Representatives.

19(4) Nothing in this act shall be construed to prohibit
20the task force from making interim reports <-or taking interim 
21actions.

22(e) Compensation and expenses.--The members of the task
23force shall receive no compensation for their services but shall
24be allowed their actual and necessary expenses incurred in
25performance of their duties. Reimbursement shall be provided by
26the department.

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

28(1) Develop a program of general public and health care
29professional information and education regarding Lyme disease
30which shall include the broad spectrum of scientific and

1treating options regarding all stages of Lyme disease and
2related tick-borne illnesses.

3(2) Develop an active tick collection, testing <-and,
4surveillance and communication program<-, subject to the 
5availability of funds, in cooperation with the Department of
6Environmental Protection to provide a better understanding
7of, including, but not limited to, the full range of tick-
8borne diseases, geographic hot spots and levels of
9infectivity to be used in targeting prevention<-, information
10and education efforts. This effort may include the
11exploration of and recommendations regarding the use of
12veterinary data on tick-borne disease prevention,
13specifically dogs and horses and perhaps other animals, as
14the Centers for Disease Control and Prevention has
15recommended. <-The surveillance data shall be communicated to 
16health care professionals via public health alerts and shall 
17be published on the department's publicly accessible Internet 
18website. The department may enter into a contract, memorandum 
19of understanding or other agreement with another governmental 
20or nongovernmental entity to develop an active tick 
21collection, testing, surveillance and communication program.

22(3) Cooperate with the Pennsylvania Game Commission to
23disseminate the information required under paragraph (1) to
24licensees of the Pennsylvania Game Commission and the general
25public.

26(4) Cooperate with the Department of Conservation and
27Natural Resources to disseminate the information required
28under paragraph (1) to the general public and visitors of
29State parks and lands.

30(5) Cooperate with the Department of Education to:

1(i) Disseminate the information required under
2paragraph (1) to school administrators, school nurses,
3faculty and staff, 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. <-integrated pest management strategies 
8and prompt removal and reporting of tick removals to 
9parents, guardians and State officials.

10(iii) Update policies to recognize signs or symptoms
11of Lyme disease and related tick-borne illnesses as
12health conditions potentially requiring accommodations.

13(6) Cooperate with professional associations of health
14care professionals to provide the education program for
15professionals required under paragraph (1).

<-16(7) Cooperate with the Department of Environmental
17Protection to publish and make available on its publicly
18accessible Internet website the information developed under
19paragraph (2) to health care professionals and the general
20public.

21(8) <-(7) Cooperate with the Pennsylvania State
22University, Department of Entomology, cooperative extension
23program for integrated pest management, to disseminate
24educational resources about ticks, related diseases and
25integrated pest management for disease prevention as required
26under paragraph (1) to health care professionals and the
27general public.

<-28(9) (8) Identify and apply for public and private grants
29and funding in order to carry out the provisions of this act.

<-30(9) Within 45 days of the effective date of this

1section, make available current data on tick surveillance
2programs in this Commonwealth conducted by other entities,
3including the Northeast DNA Laboratory of East Stroudsburg
4University and the Department of Entomology of The
5Pennsylvania State University, until such time as the
6department publishes the results of the active tick
7collection, testing, surveillance and communication program
8as provided for in paragraph (2). The data shall be
9communicated via public health alerts to health care
10professionals and made available on the department's publicly
11accessible Internet website.

12Section 6. Effective date.

13This act shall take effect immediately.