Legal Status of EPT in New York

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.

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).

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.

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

EPT is permissible.

Statutory authority expressly authorizes EPT for the treatment of chlamydia.