| I. Statutes/regs on health care providers’ authority
to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation) |
|
| II. Specific judicial decisions concerning EPT (or like practices) (Explanation) |
 Judicial decisions suggest that providing prescription without prior
examination is physician misconduct. Carloni v. De Buono 245 A.D.2d 970,
972 (N.Y.App. Div. 1997); Balmir v. De Buono 237 A.D.2d 648, 649 (N.Y.
App. Div.1997). |
| III. Specific administrative opinions by the Attorney General
or medical or pharmacy boards concerning EPT (or like practices) (Explanation) |
On June 17, 2006, the New York State Academy of Family Physicians (NYSAFP)
adopted a resolution concerning patient-delivered partner therapy. It recommended “that
the NYSAFP work with the NYS Chapter of ACOG and other is to promote legislative
or regulatory action which would legitimize patient-directed partner therapy
and allow it to be adopted more widely.” Resolution 7, (p.70)
[Link to NYSAFP document] |
| IV. Legislative bills or prospective regulations concerning EPT
(or like practices) (Explanation) |
A08730 and S6210 authorizes a health care practitioner authorized
under title 8 of the education law to diagnose and prescribe drugs for
sexually transmitted Chlamydia trachomatis infection acting within lawful
scope of practice and diagnosing a sexually transmitted Chlamydia trachomatis
infection to provide antibiotic drugs to such patient's partner. A08730
was introduced on May 29, 2007.
|
| V. Laws that incorporate via reference guidelines as acceptable
practices (including EPT) (Explanation) |
 Any persons diagnosed as having gonorrhea, or those who have been
exposed to gonorrhea, shall be treated with appropriate medication in accordance
with accepted medical procedures as described in the most recent treatment
schedule distributed by the NYS Dep’t of Health. Any person diagnosed
as having chlamydia shall be treated by means of a written prescription
issued in accordance with accepted medical procedure as described in the
STD clinic guidelines distributed by the Dep’t. N.Y. Comp. Codes
R. & Regs. tit. 10, § 23.2. |
| VI. Prescription requirements (Explanation) |
Prescription must bear the patient’s name, address, and age.
N.Y. Comp. Codes R. & Regs. tit. 8, § 29.2. |
| VII. Assessment of EPT’s legal status with brief comments (Explanation) |
 EPT is potentially allowable.
Case law suggests that physicians must conduct a physical exam prior
to prescribing medications. However, the 2006 introduction of a bill
that supports EPT for the treatment of Chlamydia and current state regulations
that allow EPT if it is contained in state guidelines for the treatment
of STDs, suggest that EPT
is potentially allowable.
|
| Status as of February
20, 2008 |
Exception:
EPT is permissible in Baltimore, Maryland.
EPT
is permissible
EPT is
prohibited
