23.5 Expedited Partner Therapy for sexually transmitted infections.

(a) Definitions. As used in this section:

(1) "Expedited Partner Therapy" or "EPT" means a practice whereby a health care practitioner chooses to provide a patient with either antibiotics intended for the patient’s sexual partner or partners or a written prescription for antibiotics for the sexual partner or partners to be delivered by the patient to the sexual partner or partners for treatment of exposure to sexually transmitted infections (STIs).

(2) "Health care practitioner" means a physician, midwife, nurse practitioner, physician assistant, or other person who is authorized under Title 8 of the Education Law to diagnose and prescribe drugs for STIs, acting within their lawful scope of practice.

(b) Liability. A health care practitioner who reasonably and in good faith renders expedited partner therapy in accordance with section 2312 of the Public Health Law and this section, and a pharmacist who reasonably and in good faith dispenses drugs pursuant to a prescription written in accordance with section 2312 of the Public Health Law and this section, shall not be subject to civil or criminal liability or be deemed to have engaged in unprofessional conduct.

(c) Eligibility criteria for EPT. EPT shall:

(1) be provided for sexual partner(s) of patients diagnosed (either through laboratory confirmation or clinical diagnosis) with an STI for which EPT is recommended by the Federal Centers for Disease Control and Prevention (CDC). The department shall list which STIs are eligible for EPT on the department’s website and shall promulgate guidelines that include partner eligibility criteria.  If the patient’s sexual partner(s) are pregnant or there is a suspicion of possible pregnancy, some EPT medications are not recommended, and the partner(s) should seek medical care as soon as possible; and

(2) not be provided in cases involving suspected or confirmed child abuse, sexual abuse/assault, or where the diagnosed patient’s safety may be impacted.

(d) Educational material requirements for patients provided with EPT. Each patient provided with antibiotics or a prescription in accordance with this section must be given informational materials for the patient to give to their sexual partner or partners. Each patient shall be counseled by the patient's health care practitioner to inform the patient's partner or partners that it is important to read the information contained in the materials prior to the partner or partners taking the medication.

The materials shall:

(1) encourage the partner to consult a health care practitioner for a complete sexual health evaluation, including HIV testing, as a preferred alternative to EPT and regardless of whether they take the medication;

(2) disclose the risk of potential adverse drug reactions, including allergic reactions, and the possibility of dangerous interactions between the patient-delivered therapy and other medications that the partner may be taking;

(3) inform the partner that they may be affected by other STIs that may be left untreated by the delivered medicine;

(4) inform the partner that if symptoms of a more serious infection are present (such as abdominal, pelvic, or testicular pain, fever, nausea or vomiting) they should seek medical care as soon as possible;

(5) recommend that a partner who is or could be pregnant should consult a health care practitioner as soon as possible;

(6) instruct the patient and the partner to abstain from sexual activity for at least seven days after treatment of both the patient and the partner in order to reduce the likelihood of reinfection;

(7) inform the patient and the partner how to prevent and reduce the likelihood of reinfection.

(e) Prescription format. Whenever a health care practitioner provides EPT through the use of a prescription:

(1) the designation "EPT" must be written in the body of the prescription form above the name of the medication and dosage for all prescriptions issued;

(2) if the name, address, and date of birth of the sexual partner are available, this should be written in the designated area of the prescription form; and

(3) if the sexual partner’s name, address, and date of birth are not available, the written designation "EPT" shall be sufficient for the pharmacist to fill the prescription.

(f) Reporting of cases of STIs by health care providers.

(1) This section shall not affect the obligation to report individual cases and suspected cases of STIs imposed by Part 2 of this Title.

(2) Reports of cases of STIs who are provided with EPT shall include the added designation of "EPT" plus the number of sexual partners for whom a prescription or medication was provided.