2017 Special Session
2017 - 2018 LEGISLATURE
Require a notice when ordering a test for Lyme disease about ineffectiveness
Preliminary Draft - Not Ready For Introduction
May 11, 2017 - Introduced by Representatives Hebl,
Berceau, Crowley, Pope and Wachs, cosponsored by Senator Larson.
Referred to Committee on Health.
1An Act to renumber and amend
254.52 (1); to amend
254.52 (title); and to
254.52 (1) (b) and 254.52 (3) of the statutes; relating to: required
3notices by a health care provider who orders a test for the presence of Lyme
Analysis by the Legislative Reference Bureau
This bill creates a notice requirement for health care providers who order
certain laboratory tests for the presence of Lyme disease. Under the bill, the
Department of Health Services must create and make available on the Internet a
form with a notice for patients who receive certain specified laboratory tests for the
presence of Lyme disease. The form must contain a notice informing the patient 1)
about the prevalence of Lyme disease in the United States; 2) about the potential for
a false negative or false positive test result for the presence of Lyme disease; and 3)
that a patient whose test is negative should contact his or her health care provider
about being retested for Lyme disease if the patient continues to experience
symptoms. The bill then requires a health care provider who orders any of the
specified tests for the presence of Lyme disease for a patient to provide the patient
with a copy of the form. Finally, the bill requires the department to update the form
annually to account for the most recent statistics and for additional tests that are
developed to detect the presence of Lyme disease and that warrant the notice.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
254.52 (title) of the statutes is amended to read:
(title) Lyme disease
; treatment, information and research.
254.52 (1) of the statutes is renumbered 254.52 (1) (intro.) and 4
amended to read:
(intro.) The department shall perform do all of the following:
research relating to Lyme disease in humans.
254.52 (1) (b) of the statutes is created to read:
(b) 1. Create and make available on the Internet a form with the 9
following notice to be provided to patients under sub. (3):
“According to the Centers for Disease Control and Prevention (CDC), as of 11
[YEAR], Lyme disease is the [RANKING] most common disease in the United States, 12
of the diseases that must be reported to the CDC.
Your health care provider has ordered a laboratory test for the presence of Lyme 14
disease for you. Current laboratory testing for Lyme disease can be problematic and 15
standard laboratory tests often result in false negative and false positive results, and 16
if done too early, you may not have produced enough antibodies to be considered 17
positive because your immune response requires time to develop antibodies. If you 18
are tested for Lyme disease, and the results are negative, this does not necessarily 19
mean you do not have Lyme disease. If you continue to experience symptoms, you
should contact your health care provider and inquire about the appropriateness of 2
retesting or additional treatment."
2. Annually update the first paragraph of the notice under subd. 1. to reflect 4
3. Include in the form under subd. 1. an explanation of the requirement under 6
4. Identify whether any tests for the presence of Lyme disease, in addition to 8
the enzyme-linked immunoabsorbent assay, the immunoflorescent assay, and the 9
western blot test, that are available to patients warrant the notice under subd. 1. and 10
update the form accordingly.
5. Translate the form under subd. 1. into Spanish and other languages spoken 12
by a significant number of state residents, as determined by the department, and 13
update and make available each translated form as provided in this paragraph.
254.52 (3) of the statutes is created to read:
(a) In this subsection, “laboratory test for the presence of Lyme 16
disease" means the enzyme-linked immunoabsorbent assay, the immunoflorescent 17
assay, the western blot test, or any additional test identified by the department under 18
sub. (1) (b) 4. as warranting the notice under sub. (1) (b) 1., if the test is being ordered 19
to detect the presence of Lyme disease.
(b) A health care provider who orders a laboratory test for the presence of Lyme 21
disease for a patient shall provide to the patient or the patient's legal representative 22
an up-to-date copy of the form created by the department under sub. (1) (b).