NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1919B
SPONSOR: Schimel (MS)
 
TITLE OF BILL: An act to amend the public health law, in relation to
authorizing expedited partner therapy for certain sexually transmitted
infections
 
PURPOSE: To allow for expedited partner therapy for sexually trans-
mitted infections that the Centers for Disease Control and Prevention
(CDC) recommend far the sexual partner or partners of someone having
been diagnosed with the disease.
 
SUMMARY OF PROVISIONS:
Section one, subdivision one allows a health care provider practitioner
who is authorized under New York State law to diagnose or prescribe
drugs for sexually transmitted infections, may prescribe or dispense
antibiotic drugs to that person's sexual partner or partners without
examining the patient's partner or partners.
Subdivision two protects health care practitioners who conduct expedited
partner therapy in good faith and in accordance with this legislation
from civil or criminal liability.
Subdivision three requires the Commissioner of Health to promulgate
regulations and develop forms for patients and their partners explaining
expedited partner therapy for sexually transmitted infections that the
CDC recommends.
Section two sets the effective date.
 
JUSTIFICATION: In 2005, the New York State passed a law to allow
health care providers with prescriptive privileges to provide expedited
partner therapy (EFT) for Chlamydia infection when the prescriber's
judgment is that the partner(s) will not seek a personal medical visit.
This law has helped improve treatment rates for partners and decrease
re-infection rates for partners.
The bill will expand the current law to include other sexually transmit-
ted infections that the CDC recommends for expedited partner therapy.
EFT helps physicians and other health care providers decrease rates of
sexually transmitted infections. While expedited partner therapy in no
way replaces a face to face interaction with a health care provider, it
can help patients who otherwise would not reach out for treatment.
The Centers for Disease Control and Prevention has found through random-
ized controlled tests that expedited Partner therapy has the potential
for the same success that it has shown with Chlamydia with other sexual-
ly transmitted infections (STIs). EFT can be highly effective in
decreasing infection rates with other STIs that can be cured by taking
antibiotics by mouth, such as gonorrhea.
 
LEGISLATIVE HISTORY: A.8720-C of 2008, signed into law. 2012:
A.10277 2013: A.1919-A passed Assembly.
 
FISCAL IMPLICATIONS: None to the state.
 
EFFECTIVE DATE: This act shall take effect January, 2015.
STATE OF NEW YORK
________________________________________________________________________
1919--B
Cal. No. 108
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. SCHIMEL, LAVINE, JAFFEE, GOTTFRIED, WEISENBERG,
COOK, GUNTHER, ROSENTHAL, ROBERTS, ROBINSON, GALEF, MAGNARELLI --
Multi-Sponsored by -- M. of A. ARROYO, BRENNAN, CLARK, CROUCH, FINCH,
JACOBS, McDONOUGH, McLAUGHLIN, MOYA, SCARBOROUGH, SIMANOWITZ -- read
once and referred to the Committee on Health -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- advanced to a third reading, amended and ordered
reprinted, retaining its place on the order of third reading
AN ACT to amend the public health law, in relation to authorizing expe-
dited partner therapy for certain sexually transmitted infections
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2312 of the public health law, as added by chapter
2 577 of the laws of 2008, is amended to read as follows:
3 § 2312. Expedited partner therapy for chlamydia trachomatis infection
4 and other sexually transmitted infections. 1. Notwithstanding any other
5 provision of law and consistent with section two thousand three hundred
6 five of this title, a health care practitioner (who is authorized under
7 title eight of the education law to diagnose and prescribe drugs for
8 sexually transmitted chlamydia trachomatis infection and other sexually
9 transmitted infections, acting within his or her lawful scope of prac-
10 tice) who diagnoses a sexually transmitted chlamydia trachomatis
11 infection or other sexually transmitted infection in an individual
12 patient may prescribe, dispense, furnish, or otherwise provide
13 prescription antibiotic drugs for the sexually transmitted infections
14 that the Centers for Disease Control and Prevention recommends the use
15 of expedited partner therapy to that patient's sexual partner or part-
16 ners without examination of that patient's partner or partners.
17 2. A health care practitioner who reasonably and in good faith renders
18 expedited partner therapy in accordance with this section and following
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03350-05-4
A. 1919--B 2
1 the rules and regulations promulgated by the commissioner shall not be
2 subject to civil or criminal liability or be deemed to have engaged in
3 unprofessional conduct.
4 3. The commissioner shall promulgate rules and regulations concerning
5 the implementation of this section and shall also develop forms for
6 patients and their partners explaining expedited partner therapy for a
7 chlamydia trachomatis infection and other sexually transmitted
8 infections that the Centers for Disease Control and Prevention recom-
9 mends the use of expedited partner therapy. Such forms shall be written
10 in a clear and coherent manner using words with common, everyday mean-
11 ings.
12 § 2. This act shall take effect January 1, 2015.