PRINTER'S NO. 791
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
606
Session of
2019
INTRODUCED BY BROWNE, BAKER, SCHWANK, A. WILLIAMS, SANTARSIERO,
FARNESE, LEACH, TARTAGLIONE, HUGHES, BLAKE, KEARNEY, COSTA,
BREWSTER, MUTH AND HAYWOOD, MAY 17, 2019
REFERRED TO HEALTH AND HUMAN SERVICES, MAY 17, 2019
AN ACT
Providing for expedited partner therapy and for liability.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Expedited
Partner Therapy Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Health care practitioner." As defined in section 103 of the
act of July 19, 1979 (P.L.130, No.48), known as the Health Care
Facilities Act.
"Pharmacist." As defined in section 2(10) of the act of
September 27, 1961 (P.L.1700, No.699), known as the Pharmacy
Act.
"Pharmacy." As defined in section 2(12) of the Pharmacy Act.
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Section 3. Health care practitioners.
(a) General rule.--Notwithstanding any other provision of
law or regulation to the contrary, a health care practitioner
may issue a prescription for or personally furnish antibiotics
to treat sexually transmitted infections, without having
examined the individual for whom the drug is intended, in
accordance with the Expedited Partner Therapy in the Management
of Sexually Transmitted Diseases guidance document issued by the
United States Centers for Disease Control and Prevention, if:
(1) The individual is a sexual partner of the health
care practitioner's patient.
(2) The patient has been diagnosed with a sexually
transmitted infection.
(3) The patient reports to the health care practitioner
that the individual is unable or unlikely to be evaluated or
treated by a health professional.
(b) Name on prescription.--If the health care practitioner
is unable to obtain the individual's name, the prescription
shall include the words "expedited partner therapy" or the
letters "EPT."
(c) Prescribed drug.--For each drug prescribed, the health
care practitioner shall do all of the following:
(1) Recommend to the patient that the individual seek
treatment from a health professional.
(2) Document the name of the drug prescribed and its
dosage in the patient's record.
(d) Furnished drug.--For each drug personally furnished, the
health care practitioner shall do all of the following:
(1) Provide the patient with information concerning the
drug for the purpose of sharing the information with the
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individual, including directions for use of the drug and any
side effects, adverse reactions or known contraindications
associated with the drug.
(2) Recommend to the patient that the individual seek
treatment from a health professional.
(3) Document all of the following in the patient's
record:
(i) The name of the drug furnished and its dosage.
(ii) That information concerning the drug was
provided to the patient for the purpose of sharing the
information with the individual.
(e) Contact permitted.--A health care practitioner who
prescribes or personally furnishes a drug may contact the
individual for whom the drug is intended.
(f) Liability for prescribing or furnishing drug.--A health
care practitioner who in good faith prescribes or personally
furnishes a drug is not liable for or subject to any of the
following:
(1) Damages in any civil action.
(2) Prosecution in any criminal proceeding.
(3) Professional disciplinary action.
(g) Liability for not prescribing or furnishing drug.--A
health care practitioner shall not be subject to civil, criminal
or professional liability for choosing not to provide expedited
partner therapy.
Section 4. Pharmacists.
(a) Dispensing and labeling drug.--Notwithstanding any other
provision of law or regulation to the contrary, a pharmacist
may:
(1) Dispense a drug pursuant to a prescription issued
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under section 3(a).
(2) Label a drug dispensed pursuant to the prescription
without the name of the individual for whom the drug is
intended if the prescription contains the words "expedited
partner therapy" or the letters "EPT."
(b) Information required when dispensing drug.--For each
drug dispensed, the pharmacist shall provide all of the
following information:
(1) Directions for use of the drug.
(2) Any side effects, adverse reactions or known
contraindications associated with the drug.
(c) Liability for dispensing drug.--A pharmacist or pharmacy
that in good faith dispenses a drug pursuant to a prescription
issued under section 3(a) for expedited partner therapy is not
liable for or subject to any of the following:
(1) Damages in any civil action.
(2) Prosecution in any criminal proceeding.
(3) Professional disciplinary action.
(d) Distribution of information.--This section does not
affect the authority of a pharmacist to distribute information
concerning a drug as required by Federal law.
Section 5. Effective date.
This act shall take effect in 90 days.
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