Kentucky Statutes 214.430 – Expedited partner therapy for sexually transmitted infections
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(1) For the purposes of this section, unless the context requires otherwise:
(a) “Dispense” means to deliver a drug or device to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for that delivery;
(b) “Expedited partner therapy” means the prescribing or dispensing of antibiotic drugs to a practitioner’s diagnosed patient’s sexual partner or partners for the same disease without examination of that diagnosed patient’s partner or partners;
(c) “Legend drug” means any drug defined by the Federal Food, Drug, and Cosmetic Act, as amended, and under which definition its label is required to bear the statement, “Caution: Federal law prohibits dispensing without prescription.”;
(d) “Practitioner” means medical or osteopathic physicians who are licensed under the professional licensing laws of Kentucky to prescribe and administer drugs and devices. “Practitioner” includes advanced practice registered nurses as authorized in KRS § 314.011 and KRS § 314.042 and physician assistants when administering or prescribing pharmaceutical agents as authorized in KRS
311.858; and
(e) “Prescription” means a written or oral order for a drug or medicine, or combination or mixture of drugs or medicines, or proprietary preparation, that is signed, given, or authorized by a practitioner, and intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans.
(2) Notwithstanding any other provision of law, a practitioner who is licensed to diagnose and prescribe drugs for sexually transmitted infections, including but not limited to trichomoniasis, gonorrhea, or chlamydia infection, who diagnoses a sexually transmitted infection in a patient may provide expedited partner therapy for a sexually transmitted infection to that patient’s sexual partner or partners.
(3) A practitioner that provides expedited partner therapy shall:
(a) Adhere to prescribing and dispensing standards for expedited partner therapy pursuant to the current United States Centers for Disease Control and Prevention Sexually Transmitted Diseases Treatment Guidelines for expedited partner therapy; and
(b) Utilize forms established by the Department for Public Health for patients and their sexual partner or partners explaining expedited partner therapy.
(4) A practitioner who reasonably and in good faith renders expedited partner therapy in accordance with this section and administrative regulations promulgated by the board having professional jurisdiction shall not be subject to civil or criminal liability or be deemed to have engaged in unprofessional conduct.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 150, sec. 1, effective June 29, 2023. — Created
2019 Ky. Acts ch. 175, sec. 1, effective June 27, 2019.
(a) “Dispense” means to deliver a drug or device to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for that delivery;
Terms Used In Kentucky Statutes 214.430
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Treatment: when used in a criminal justice context, means targeted interventions
that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
(b) “Expedited partner therapy” means the prescribing or dispensing of antibiotic drugs to a practitioner’s diagnosed patient’s sexual partner or partners for the same disease without examination of that diagnosed patient’s partner or partners;
(c) “Legend drug” means any drug defined by the Federal Food, Drug, and Cosmetic Act, as amended, and under which definition its label is required to bear the statement, “Caution: Federal law prohibits dispensing without prescription.”;
(d) “Practitioner” means medical or osteopathic physicians who are licensed under the professional licensing laws of Kentucky to prescribe and administer drugs and devices. “Practitioner” includes advanced practice registered nurses as authorized in KRS § 314.011 and KRS § 314.042 and physician assistants when administering or prescribing pharmaceutical agents as authorized in KRS
311.858; and
(e) “Prescription” means a written or oral order for a drug or medicine, or combination or mixture of drugs or medicines, or proprietary preparation, that is signed, given, or authorized by a practitioner, and intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans.
(2) Notwithstanding any other provision of law, a practitioner who is licensed to diagnose and prescribe drugs for sexually transmitted infections, including but not limited to trichomoniasis, gonorrhea, or chlamydia infection, who diagnoses a sexually transmitted infection in a patient may provide expedited partner therapy for a sexually transmitted infection to that patient’s sexual partner or partners.
(3) A practitioner that provides expedited partner therapy shall:
(a) Adhere to prescribing and dispensing standards for expedited partner therapy pursuant to the current United States Centers for Disease Control and Prevention Sexually Transmitted Diseases Treatment Guidelines for expedited partner therapy; and
(b) Utilize forms established by the Department for Public Health for patients and their sexual partner or partners explaining expedited partner therapy.
(4) A practitioner who reasonably and in good faith renders expedited partner therapy in accordance with this section and administrative regulations promulgated by the board having professional jurisdiction shall not be subject to civil or criminal liability or be deemed to have engaged in unprofessional conduct.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 150, sec. 1, effective June 29, 2023. — Created
2019 Ky. Acts ch. 175, sec. 1, effective June 27, 2019.