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October 21, 2009

Partner Therapy for Certain Sexually Transmitted Diseases

I. EXPEDITED PARTNER THERAPY ALLOWED
Public Act 96-613, recently signed into law and effective January 1, 2010, amends the Sexually Transmissible Disease Control Act (Act) to add a new provision to allow for "expedited partner therapy." "Expedited partner therapy" means to prescribe, dispense, furnish, or otherwise provide prescription antibiotic drugs to the partner or partners of persons clinically diagnosed as infected with a sexually transmissible disease (STD), without physical examination of the partner or partners.

A. Provision of EPT Voluntary. A health care professional who makes a clinical diagnosis of chlamydia or gonorrhea may prescribe, dispense, furnish or otherwise provide prescription antibiotic drugs to the infected person’s sexual partner or partners for treatment of the STD without physical examination of the partner or partners, if in the judgment of the health care professional, the partner is unlikely or unable to present for comprehensive healthcare, including testing and treatment for sexually transmissible diseases. Expedited partner therapy shall be limited to partners who may have been exposed to an STD within the previous 60 days, if the patient is able to contact the partner.

B. Protections for Providers of EPT. "Health care professional" includes a physician, a physician assistant with the appropriate delegation, and an advanced practice nurse (APN) with the proper collaborative agreement or an APN who practices in a hospital or ambulatory surgical treatment center and possesses appropriate clinical privileges in accordance with the Nurse Practice Act. PA 96-613 also amends the respective practice acts of these disciplines to provide that no licensee under that Act may be disciplined for providing expedited partner therapy in accordance with the provisions of Act.

In addition, a health care professional prescribing, dispensing, furnishing or otherwise providing in good faith, without fee or compensation, prescription antibiotics to partners and providing the required counseling and written materials shall not be subject to civil or professional liability, except for willful and wanton misconduct. A health care professional shall not be subject to civil or professional liability for choosing not to provide expedited partner therapy.

C. Protection for Pharmacists and Pharmacies. PA 96-613 also provides that a pharmacist or pharmacy shall not be subject to civil or professional liability for choosing not to fill a prescription that would cause the pharmacist or pharmacy to violate any provision of the Pharmacy Practice Act, including the definition of "prescription" set forth in subsection (e) of Section 3 of the Pharmacy Practice Act or the definition of "drug regimen review" set forth in subsection (y) of Section 3 of the Pharmacy Practice Act.

II. REQUIREMENTS FOR PROFESSIONALS PROVIDING EPT
Health care professionals who provide expedited partner therapy must

A. Information for Partners. the Department of Public Health (IDPH) must provide information and technical assistance as appropriate to health care professionals who provide expedited partner therapy. IDPH must provide written materials as noted above that include warnings and recommendations for pregnant women; information about the antibiotic, dosage and warnings about allergy and side effects; information about prevention and a period of abstinence; notification of: the importance of the partner to receive examination and testing for HIV and other STDs, and available resources; the risks if STDs are not successfully treated; the responsibility of the partner to notify his or her partner of the risk of STDs and the importance of treatment; and other information deemed necessary by the Department.

B. Other Informational Materials. The Department shall also develop and disseminate in electronic and other formats written materials for persons who are repeatedly diagnosed with sexually transmissible diseases as well as guidance for health care professionals on the safe and effective provision of expedited partner therapy.

We hope this information is helpful. The complete text of PA 96-613 can be viewed by clicking here.

If you have any questions about this memo, please contact Barb Haller at bhaller@ihastaff.org or 630.276.5474.