Legal Status of EPT in New York

I. Statutes/regs on health care providers’ authority to prescribe for STDs to a patient’s partner(s) w/out prior evaluation

[+] “Notwithstanding any other provision of law and consistent with section two thousand three hundred five of this title, a health care practitioner (who is authorized under title eight of the education law to diagnose and prescribe drugs for sexually transmitted chlamydia trachomatis infection and other sexually transmitted infections, acting within his or her lawful scope of practice) who diagnoses a sexually transmitted chlamydia trachomatis infection or other sexually transmitted infection in an individual patient may prescribe, dispense, furnish, or otherwise provide prescription antibiotic drugs for the sexually transmitted infections for which the Centers for Disease Control and Prevention recommends the use of expedited partner therapy to that patient’s sexual partner or partners without examination of that patient’s partner or partners.” N.Y. Pub. Health Law § 2312 (effective 1/1/2020).

[+] New York released rules in support of its statutory authorization of EPT, which includes eligibility criteria for EPT, requirements for educational materials to be provided to patients who are provided with EPT treatment, EPT prescription format requirements, and reporting procedures for cases of EPT. Dep’t. N.Y. Comp. Codes R. & Regs. tit. 10, § 23.5.

II. Specific judicial decisions concerning EPT (or like practices)

[-] 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)

IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT)

[+] Any persons diagnosed as having chlamydia or gonorrhea, in facilities provided by the state for the diagnosis and treatment of STDs, shall be treated directly in the facility with appropriate medication in accordance with accepted medical procedures as described in the most recent evidence-based STD guidelines treatment schedule distributed by the New York State Department of Health. N.Y. Comp. Codes R. & Regs. tit. 10, § 23.2.

V. Prescription requirements

VI. Assessment of EPT’s legal status with brief comments

EPT is permissible.
Statutory authority expressly authorizes EPT for the treatment of chlamydia and other sexually transmitted infections for which the Centers for Disease Control and Prevention recommends the use of expedited partner therapy.