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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 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 NYS Dep’t of Health. 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 May 18, 2016

Legend

plus sign supports the use of EPT

minus symbol negatively affects the use of EPT

permissible EPT is permissible

potentially allowable EPT is potentially allowable

prohibited EPT is prohibited

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