Today's Law As Amended


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AB-2280 Sexually transmitted diseases.(2005-2006)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) Sexually transmitted diseases (STDs) in California have been increasing in recent years and newly reported in 2005 there were 130,700 infections of chlamydia, 34,400 infections of gonorrhea, 6,500 infections of human immunodeficiency virus (HIV), 3,300 cases of acquired immunodeficiency syndrome (AIDS), and 1,600 infections of syphilis.
(b) Public health officials employ a variety of methods to control STD infections, including preventing infections from occurring and treating patients after exposure to an STD.
(c) Patient-delivered therapy for chlamydia was authorized in California by Chapter 835 of the Statutes of 2000 (Senate Bill 648, Ortiz) and enables qualified medical practitioners to provide prescription antibiotic drugs to a patient’s sexual partner or partners without examination of that patient’s partner or partners.
(d) Since enactment of patient-delivered therapy for chlamydia published studies have documented that the rate of persistent or recurrent infections of gonorrhea also can be reduced by utilizing patient-delivered therapy for sexual partners.
(e) Patient-delivered therapy for gonorrhea is safe and effective when provided with appropriate instruction, and has recently been recommended by the federal Centers for Disease Control and Prevention.
(f) It is the intent of the Legislature to authorize qualified medical practitioners to provide patient-delivered therapy to the sexual partners of patients diagnosed with gonorrhea in order to reduce persistent and recurrent infections.

SEC. 2.

 Section 120582 of the Health and Safety Code is amended to read:

120582.
 (a) Notwithstanding any other provision of  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  in  an individual patient may prescribe, dispense, furnish, or otherwise provide, including in a standing order,  provide  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.
(b) Notwithstanding any other provision of  law, a nurse practitioner pursuant to Section 2836.1 of the Business and Professions Code, a certified nurse-midwife pursuant to Section 2746.51 of the Business and Professions Code, and a physician assistant pursuant to Section 3502.1 of the Business and Professions Code may include EPT in their practice by dispensing, furnishing, or otherwise providing, including through a standing order,  dispense, furnish, or otherwise provide  prescription antibiotic drugs to the sexual partner or partners of a patient with a diagnosed 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,  without examination of the patient’s sexual partner or partners.
(c) If a health care provider does not have the name of a patient’s sexual partner for a drug prescribed pursuant to subdivision (a) or (b), the prescription shall include the words “expedited partner therapy” or the letters “EPT.”
(d) 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.
(e) Medi-Cal coverage of expedited partner therapy pursuant to this section shall be implemented only to the extent that the State Department of Health Care Services obtains any necessary federal approvals and federal financial participation is available and not jeopardized.