At a glance
EPT is permissible in California as of January 1, 2022.
Findings
[+] supports the use of EPT
[-] negatively affects the use of EPT
I. Statutes/regs on health care providers’ authority to prescribe for STDs to a patient’s partner(s) w/out prior evaluation
[+] “Notwithstanding any other law, a physician and surgeon who diagnoses a sexually transmitted chlamydia, gonorrhea, or other sexually transmitted infection, as determined by the department, or recommended in the most recent federal Centers for Disease Control and Prevention guidelines for the prevention or treatment of sexually transmitted diseases, in an individual patient may prescribe, dispense, furnish, or otherwise provide, including in a standing order, prescription antibiotic drugs to that patient’s sexual partner or partners without examination of that patient’s partner or partners. This practice shall be known as expedited partner therapy (EPT). The department may adopt regulations to implement this section.” Cal. Health & Safety Code § 120582(a). See also:Cal. Health & Safety Code § 120582(b) (nurse practitioners, nurse-midwives, and physician assistants). (effective 1/1/2022)
[+] “A health care provider shall not be liable in a medical malpractice action or professional disciplinary action if the health care provider’s use of EPT is in compliance with this section, except in cases of intentional misconduct, gross negligence, or wanton or reckless activity.” Cal. Health & Safety Code § 120582.
II. Specific judicial decisions concerning EPT (or like practices)
[-] Suspension of physician’s license upheld because the Board conclusively established (among other charges) that physician prescribed to persons who were not his patients. Leslie v. Bd. of Medical Quality Assurance, 234 Cal. App. 3d 117*
III. Specific administrative opinions by the Attorney General or medical or pharmacy boards concerning EPT (or like practices)
IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT)
V. Prescription requirements
[+] “Notwithstanding subdivision (a) or any other law, a pharmacist may dispense a drug prescribed pursuant to Section 120582 of the Health and Safety Code and label the drug without the name of an individual for whom the drug is intended if the prescription includes the words ‘expedited partner therapy’ or the letters ‘EPT.’” Cal. Bus. & Prof. Code § 4076.
VI. Assessment of EPT’s legal status with brief comments
EPT is permissible. Statutory authority expressly authorizes EPT for the treatment of chlamydia and gonorrhea and other sexually transmitted infections as determined by the State Department of Health Services.
*This legal authority predates the effective date of the state’s law that authorizes EPT.