| 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) |
|
| 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;
was passed by the state legislature; and was signed into law by the Governor
on September 25, 2008.
|
| 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 permissible. Statutory authority expressly authorizes EPT for the
treatment of chlamydia.
|
| Status as of October 6,
2008 |
Exception:
EPT is permissible in Baltimore, Maryland.
EPT
is potentially allowable
EPT is
prohibited
