| (1) |
For purposes of this section:
Terms Used In Utah Code 58-1-501.3
| (a) |
“Drug to treat a sexually transmitted disease” means a drug:
| (ii) |
that is:
| (B) |
prescribed in accordance with guidelines from the Centers for Disease Control and Prevention for patient delivered expedited partner therapy in the management of sexually transmitted disease. |
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| (b) |
“Partner” means a person:
| (i) |
with whom a practitioner does not have a bonafide practitioner-patient relationship; and |
| (ii) |
who is identified as, or claims to be a sexual partner of a patient. |
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| (c) |
“Patient” means a person who:
| (i) |
has a sexually transmitted disease; and |
| (ii) |
has a bonafide practitioner-patient relationship with a practitioner. |
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| (d) |
“Sexually transmitted disease” means:
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| (2) |
This section does not require a practitioner or a licensee under this chapter to prescribe or dispense a drug to treat a sexually transmitted disease for patient delivered expedited partner therapy. A practitioner’s or licensee’s decision to use expedited partner therapy as allowed by this section is voluntary. |
| (3) |
Notwithstanding Sections 58-1-501, 58-17b-501, and 58-17b-502, it is not unlawful conduct or unprofessional conduct, and it does not violate the provisions of this chapter if:
| (a) |
a practitioner, in accordance with this Subsection (3):
| (i) |
issues a prescription for a drug to treat a sexually transmitted disease to a partner by:
| (A) |
writing “partner of (patient name)” on the prescription order; and |
| (B) |
giving the partner’s prescription to the patient for subsequent use by the partner; or |
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| (ii) |
notwithstanding Section 58-17b-610, dispenses a drug sample to treat a sexually transmitted disease to the patient for the subsequent use of the partner; or |
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| (b) |
a pharmacist, in accordance with this Subsection (3), dispenses a prescription drug for the treatment of a sexually transmitted disease to:
| (i) |
a person who:
| (A) |
claims to be a partner; and |
| (B) |
presents a prescription for the drug to the pharmacist which is written for the unnamed partner of a named patient; |
|
| (ii) |
the patient for the subsequent use by the unnamed partner; or |
| (iii) |
an agent of the patient or partner. |
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| (4) |
| (a) |
For purposes of Subsection (3), and notwithstanding Section 58-17b-602:
| (i) |
the partner does not have to be identified on the prescription order by information that would disclose the identity of the partner; and |
| (ii) |
when dispensing a drug to treat a sexually transmitted disease directly to the partner, the patient’s identifying information may, but does not need to, be included on the partner’s drug label. |
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| (b) |
Information provided by a pharmacist to a patient or the patient’s agent for subsequent use by a partner satisfies the requirements of patient counseling for both the patient and the partner under Section 58-17b-613. |
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| (5) |
| (a) |
The Legislature finds that the prevention and treatment of sexually transmitted diseases in the state is a compelling public health issue. |
| (b) |
A practitioner or licensee under this chapter is not liable for a medical malpractice action if the use of expedited partner therapy is in compliance with this section, except for those acts which are grossly negligent or willful and wanton. |
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Enacted by Chapter 151, 2009 General Session
