HB 309 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PROVISION OF INFORMATION ABOUT LYME DISEASE.

Summary

This Act, modeled on similar laws in Virginia and Maryland, requires a health-care provider to provide notice to a patient at the time blood is drawn to perform a laboratory test for Lyme disease that explains the limitations of the test and instructs the patient to see their health-care provider if the patient continues to experience unexplained symptoms. This Act was previously passed by the 150th General Assembly in Senate Bill 15, and is the same except for the removal of the sunset provision.

Bill Text

• Bill Text View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill establishes a requirement for health-care providers to inform patients about the limitations of Lyme disease tests when blood is drawn for such tests.

• Chapter 30, Title 16

  Chapter 30N. Lyme Disease Information.

  This creates a new chapter dedicated to Lyme disease information.

• § 3001N

  § 3001N. Provision of information relating to Lyme disease.

  This introduces a section that mandates health-care providers to give specific information regarding Lyme disease testing.

• § 3001N(a)

  A health-care provider who draws the blood of a patient to perform a laboratory test for Lyme disease shall provide the patient with the following written notice, or a substantially similar notice, at the time the patient’s blood is drawn: "Your health-care provider has ordered a laboratory test for the presence of Lyme disease for you. Current laboratory testing for Lyme disease, like all standard laboratory tests, can result in false negatives and false positives. If you continue to experience unexplained symptoms, you should contact your health-care provider and inquire about the appropriateness of retesting or initial or additional treatment.".

  This requires healthcare providers to provide patients with a written notice explaining the potential inaccuracies of Lyme disease tests.

• § 3001N(b)

  Notwithstanding any other law, this section does not create a cause of action or create a standard of care, obligation, or duty that provides a basis for a cause of action.

  This clause prevents this section from being used to establish legal standards or causes of action.

• § 3001N(c)

  The information required by this section or evidence that a person violated this section is not admissible in a civil, judicial, or administrative proceeding.

  This ensures that the information given under this section cannot be used as evidence in legal proceedings.

Action History

1. August 04, 2022

   Signed by Governor

2. June 30, 2022

   Passed By Senate. Votes: 21 YES

3. April 06, 2022

   Reported Out of Committee (Health & Social Services) in Senate with 5 Favorable, 1 On Its Merits

4. March 17, 2022

   Assigned to Health & Social Services Committee in Senate

5. March 17, 2022

   Passed By House. Votes: 41 YES

6. March 16, 2022

   Reported Out of Committee (Health & Human Development) in House with 9 Favorable, 3 On Its Merits

7. March 03, 2022

   Introduced and Assigned to Health & Human Development Committee in House

Sponsors

• Kyle Evans Gay · Cosponsor
• Sarah McBride · Cosponsor
• William Bush · Primary
• Melissa Minor-Brown · Primary
• Bruce C. Ennis · Cosponsor
• Stephanie L. Hansen · Cosponsor
• Gerald W. Hocker · Cosponsor
• Dave G. Lawson · Cosponsor
• Brian Pettyjohn · Cosponsor
• John "Jack" Walsh · Cosponsor
• David L. Wilson · Cosponsor
• Richard G. Collins · Cosponsor
• Ronald E. Gray · Cosponsor
• Debra Heffernan · Cosponsor
• Sherry Dorsey Walker · Primary
• Ernesto B Lopez · Primary
• Kevin S Hensley · Cosponsor
• Kendra Johnson · Cosponsor
• Larry Lambert · Cosponsor
• Eric Morrison · Cosponsor
• Daniel B. Short · Cosponsor
• Michael Ramone · Cosponsor
• John L. Mitchell · Cosponsor
• Valerie Longhurst · Cosponsor
• Paul S. Baumbach · Cosponsor
• Peter C. Schwartzkopf · Primary

Votes

Subjects