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Legal Status of EPT in New York

permissible EPT is permissible.

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

plus sign  A healthcare practitioner who diagnoses chlamydia infection in a patient may prescribe and dispense antibiotic drugs to the patient's sexual partner(s) without examining the patient's partner(s). N.Y. Pub. Health Law § 2312

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) (Explanation)

minus symbol 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)

 

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

plus sign 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.

V. Prescription requirements (Explanation)

minus symbol Prescription must bear the patient’s name, address, and age. N.Y. Comp. Codes R. & Regs. tit. 8, § 29.2.

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

permissible EPT is permissible.

Statutory authority expressly authorizes EPT for the treatment of chlamydia.

Status as of October 13, 2010

 

permissible EPT is permissible in 35 states: potentially allowable EPT is potentially allowable in 9 states: prohibited EPT is prohibited in 6 states:

Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Hawaii
Idaho
Illinois
Indiana
Iowa
Louisiana
Maine
Massachusetts
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Hampshire
New Mexico 
New York
North Carolina
North Dakota
Oregon
Pennsylvania
Rhode Island
South Carolina
Tennessee
Texas
Utah
Vermont
Washington
Wisconsin
Wyoming

EPT is permissible in the District of Columbia.

Alabama
Delaware
Georgia
Kansas
Maryland *
Montana
New Jersey
South Dakota
Virginia

EPT is potentially allowable in Puerto Rico.
Florida
Kentucky
Michigan
Ohio
Oklahoma
West Virginia

* Exception: EPT is permissible in Baltimore, Maryland.

Summary Totals

 
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