How HB 309 changes current law

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PROVISION OF INFORMATION ABOUT LYME DISEASE. · Delaware

How this bill changes current law

5 changes

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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.

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