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» LymeNet Flash » Questions and Discussion » General Support » California - New Legislation

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Author Topic: California - New Legislation
pmerv
Frequent Contributor (1K+ posts)
Member # 1504

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Date of Hearing: January 10, 2006

ASSEMBLY COMMITTEE ON HEALTH
Wilma Chan, Chair
AB 1226 (Yee) - As Amended: January 4, 2006

SUBJECT : Lyme disease.

SUMMARY : Establishes the Lyme Disease Advisory Committee
Vitalization Act, which expands the membership of the Lyme
Disease Advisory Committee (Committee) and the duties of the
Department of Health Services (DHS) relating to Lyme disease.
Specifically, this bill :

1)Expands the membership of the Committee and requires,
beginning January 1, 2007, that members of the Committee meet
certain expertise requirements, as specified.

2)Expands the duties of DHS to include the following:

a) Work in close collaboration with the Committee, and seek
the advice of the Committee before taking any action
different from an action recommended by the Committee;

b) Provide broad, inclusive information regarding the
common symptoms of Lyme disease, and all medically viable
treatments, as specified, to health care providers in
affected areas;

c) Develop recommendations on the use of protective
clothing for state employees whose worksite is a likely
occupational hazard for exposure to Lyme disease;

d) Consider the potential of new diagnostic and treatment
procedures, as specified;

e) Adopt diagnostic or treatment approaches that reflect
all medically viable treatment options, but are not rigid
diagnostic or treatment limitations;

f) Encourage the conduct of research and its funding to
identify the risk of Lyme disease in collaboration with
specified entities; and,

g) Encourage the use of integrated pest management to





AB 1226
Page 2

control and reduce tick populations.

3)Requires that members of the Committee serve without
compensation, but, commencing January 1, 2007, may be
reimbursed for travel and necessary expenses incurred in the
performance of their duties on the committee. Prohibits
during the 2006 calendar year, annual travel expense
reimbursement to all committee members when essential to the
attendance from exceeding $5,000.

4)Requires the Committee to meet at least three times a year and
specifies other meeting requirements for the Committee.
Allows the formation of subcommittees within the Committee to
propose solutions, as specified.

5)Allows the Committee to advise DHS on a clinical reporting
system distinct from the United States Centers for Disease
Control and Prevention (CDC) surveillance system, to overcome
the gross underreporting of Lyme disease.

6)Makes findings and declarations regarding the Lyme Disease
Advisory Committee and the importance of preventing Lyme
disease.

7)Expands the existing law definition of Lyme disease to include
a coinfection with tick-born diseases such as babesiosis, or
ehrlichiosis.

8)Defines "medically viable" as a mode of treatment recognized
by a substantial part of the medical profession to be within
the scope of current, acceptable standards, including the
longer term treatment approach reflected in the treatment
guidelines of the International Lyme Disease and Associated
Diseases Society (ILADS), ILADS evidence-based guidelines for
the management of Lyme disease.

EXISTING LAW :

1)Establishes and defines the membership of the Committee.

2)Directs the Committee to provide information and educational
materials on Lyme disease to the medical community and general
public.

3)Requires the Committee to make recommendations to DHS





AB 1226
Page 3

regarding at risk populations and how best to provide outreach
information.

FISCAL EFFECT : Unknown.

COMMENTS :

1)PURPOSE OF THIS BILL . According to the California Lyme
Disease Association, the sponsor of this bill, Lyme disease is
often misdiagnosed and untreated because of insufficient
information and scientific research. The sponsor states this
measure is necessary to ensure that the Committee has the
leadership necessary to continue to address the public health
epidemic of Lyme disease.

2)LYME DISEASE. Lyme disease is a multisystem (nervous,
musculoskeletal, and cardiac), multistage, inflammatory
illness transmitted through the bite of ticks infected with
the Lyme disease bacteria. CDC states that diagnosis of Lyme
disease is generally based on clinical findings of
recognizable symptoms including a characteristic rash and
"nonspecific symptoms" including fever, malaise, fatigue,
headache, myalgia, and arthralgia.

According to the CDC, Lyme disease is the leading cause of
vector-borne infectious illness in the United States, with
about 15,000 cases reported annually. CDC also states that
the disease is greatly underreported. In its recent
publication, Recommendations for the Use Lyme Disease Vaccine:
Recommendations of the Advisory Committee on Immunization
Practice, CDC reports that Lyme disease can be treated
effectively with oral antibiotics in its early stages, but can
become pronounced and require more intensive therapy if left
untreated.

3)PREVIOUS LEGISLATION .

a) SB 2097 (Committee on Health and Human Services), of
2002, is similar to the provisions of this bill and would
have expanded the membership of the Committee and the
duties of DHS relating to Lyme disease, and would have
created the Lyme Disease Reporting Committee. In his veto
message, then Governor Davis indicated:

Although the bill's attempt to improve information and





AB 1226
Page 4

understanding about Lyme disease is meritorious, it would
grow the size of State government and create a General Fund
pressure during a period of limited resources and uncertain
future economic conditions. In order to maintain existing
core State services already provided by the DHS, it is
necessary at this time to restrain any discretionary new
programs. Even more significantly, this bill would
inappropriately change the role of the advisory committee
from an advisory role into one that has veto power over
Lyme-disease-related issues instead of the health care
professionals in the department.

b) AB 2125 (Negrete McLeod), Chapter 876, Statutes of 2002,
created a rebuttable presumption under the Workers'
Compensation Law for Lyme Disease, where Lyme disease is
presumed to be compensable if the disease develops or
manifests itself during a period of service by specified
peace officers and members of the California Conservation
Corps unless contrary evidence is presented.

c) SB 1115 (Chesbro), Chapter 668, Statutes of 1999,
creates the Committee within DHS to make recommendations
regarding Lyme disease.

REGISTERED SUPPORT / OPPOSITION :

Support

California Lyme Disease Association (sponsor)

Opposition

None on file.

Analysis Prepared by : Rosielyn Pulmano / HEALTH / (916)
319-2097

--------------------
Phyllis Mervine
LymeDisease.org

Posts: 1808 | From Ukiah, California, USA | Registered: Aug 2001  |  IP: Logged | Report this post to a Moderator
Ann-OH
Frequent Contributor (5K+ posts)
Member # 2020

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This is great, Phyllis!
What is the next step?
Ann - OH

--------------------
www.ldbullseye.com

Posts: 5705 | From Ohio | Registered: Jan 2002  |  IP: Logged | Report this post to a Moderator
lou
Frequent Contributor (5K+ posts)
Member # 81

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Terrific.
Posts: 8430 | From Not available | Registered: Oct 2000  |  IP: Logged | Report this post to a Moderator
pmerv
Frequent Contributor (1K+ posts)
Member # 1504

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Ann, the next step, now that it has passed the Senate Health Committee, is Appropriations. I suspect some opposition will come out of the woodwork and there will undoubtedly be some amendments.

--------------------
Phyllis Mervine
LymeDisease.org

Posts: 1808 | From Ukiah, California, USA | Registered: Aug 2001  |  IP: Logged | Report this post to a Moderator
valymemom
Frequent Contributor (1K+ posts)
Member # 7076

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How marvelous for the rest of the country if CA can lead with this legislation!

You have been working hard for all of us.

Posts: 1240 | From Centreville,VA | Registered: Mar 2005  |  IP: Logged | Report this post to a Moderator
   

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