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Legal Status of EPT in New York
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)|
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)|
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)|
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)|
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)|
EPT is permissible.
Statutory authority expressly authorizes EPT for the treatment of chlamydia.
|Status as of October 13, 2010|
|EPT is permissible in 35 states:||EPT is potentially allowable in 9 states:||EPT is prohibited in 6 states:|
EPT is permissible in the District of Columbia.
EPT is potentially allowable in Puerto Rico.
* Exception: EPT is permissible in Baltimore, Maryland