H.B. 17 Enrolled

1

EXPEDITED PARTNER THERAPY TREATMENT
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jennifer M. Seelig
5 Senate Sponsor: Stephen H. Urquhart
6 Cosponsors:
7 Sheryl L. Allen
8 Jackie Biskupski
9 Rebecca Chavez-Houck
10 Julie FisherLorie D. Fowlke
Neil A. Hansen
Neal B. Hendrickson
Christine A. Johnson
David LitvackPaul Ray
Phil Riesen
Evan J. Vickers
Larry B. Wiley 11
12 LONG TITLE
13 General Description:
14 This bill amends the Pharmacy Practice Act in the Division of Occupational and
15 Professional Licensing Act.
16 Highlighted Provisions:
17 This bill:
18 . defines terms;
19 . excludes from the definition of unprofessional conduct and unlawful conduct under
20 the Division of Occupational and Professional Licensing, issuing a prescription for
21 an antibiotic to an unnamed partner of a person who has any one of certain
22 designated sexually transmitted diseases;
23 . does not mandate the use of expedited partner therapy;
24 . provides an option for a practitioner to use expedited partner therapy;
25 . makes conforming changes to the Pharmacy Practices Act;
26 . provides immunity from medical malpractice actions for a practitioner who uses
27 expedited partner therapy; and
28 . makes technical changes.
29 Monies Appropriated in this Bill:
30 None

31 Other Special Clauses:
32 None
33 Utah Code Sections Affected:
34 AMENDS:
35 58-17b-602, as last amended by Laws of Utah 2007, Chapter 279
36 ENACTS:
37 58-1-501.3, Utah Code Annotated 1953
38
39 Be it enacted by the Legislature of the state of Utah:
40 Section 1. Section 58-1-501.3 is enacted to read:
41 58-1-501.3. Health professional prescribing exceptions for expedited partner
42 therapy for sexually transmitted diseases.
43 (1) For purposes of this section:
44 (a) "Drug to treat a sexually transmitted disease" means a drug:
45 (i) as defined in Section 58-17b-102 ; and
46 (ii) that is:
47 (A) an antibiotic; and
48 (B) prescribed in accordance with guidelines from the Centers for Disease Control and
49 Prevention for patient delivered expedited partner therapy in the management of sexually
50 transmitted disease.
51 (b) "Partner" means a person:
52 (i) with whom a practitioner does not have a bonafide practitioner-patient relationship;
53 and
54 (ii) who is identified as, or claims to be a sexual partner of a patient.
55 (c) "Patient" means a person who:
56 (i) has a sexually transmitted disease; and
57 (ii) has a bonafide practitioner-patient relationship with a practitioner.
58 (d) "Sexually transmitted disease" means:

59 (i) gonorrhea; or
60 (ii) chlamydia.
61 (2) This section does not require a practitioner or a licensee under this chapter to
62 prescribe or dispense a drug to treat a sexually transmitted disease for patient delivered
63 expedited partner therapy. A practitioner's or licensee's decision to use expedited partner
64 therapy as allowed by this section is voluntary.
65 (3) Notwithstanding Sections 58-1-501 , 58-17b-501 , and 58-17b-502 , it is not
66 unlawful conduct or unprofessional conduct, and it does not violate the provisions of this
67 chapter if:
68 (a) a practitioner, in accordance with this Subsection (3):
69 (i) issues a prescription for a drug to treat a sexually transmitted disease to a partner
70 by:
71 (A) writing "partner of (patient name)" on the prescription order; and
72 (B) giving the partner's prescription to the patient for subsequent use by the partner; or
73 (ii) notwithstanding Section 58-17b-610 , dispenses a drug sample to treat a sexually
74 transmitted disease to the patient for the subsequent use of the partner; or
75 (b) a pharmacist, in accordance with this Subsection (3), dispenses a prescription drug
76 for the treatment of a sexually transmitted disease to:
77 (i) a person who:
78 (A) claims to be a partner; and
79 (B) presents a prescription for the drug to the pharmacist which is written for the
80 unnamed partner of a named patient;
81 (ii) the patient for the subsequent use by the unnamed partner; or
82 (iii) an agent of the patient or partner.
83 (4) (a) For purposes of Subsection (3), and notwithstanding Section 58-17b-602 :
84 (i) the partner does not have to be identified on the prescription order by information
85 that would disclose the identity of the partner; and
86 (ii) when dispensing a drug to treat a sexually transmitted disease directly to the

87 partner, the patient's identifying information may, but does not need to, be included on the
88 partner's drug label.
89 (b) Information provided by a pharmacist to a patient or the patient's agent for
90 subsequent use by a partner satisfies the requirements of patient counseling for both the
91 patient and the partner under Section 58-17b-613 .
92 (5) (a) The Legislature finds that the prevention and treatment of sexually transmitted
93 diseases in the state is a compelling public health issue.
94 (b) A practitioner or licensee under this chapter is not liable for a medical malpractice
95 action if the use of expedited partner therapy is in compliance with this section, except for
96 those acts which are grossly negligent or willful and wanton.
97 Section 2. Section 58-17b-602 is amended to read:
98 58-17b-602. Prescription orders -- Information required -- Alteration -- Labels --
99 Signatures -- Dispensing in pharmacies.
100 (1) [The] Except as provided in Section 58-1-501.3 , the minimum information that
101 shall be included in a prescription order, and that may be defined by rule, is:
102 (a) the prescriber's name, address, and telephone number, and, if the order is for a
103 controlled substance, the patient's age and the prescriber's DEA number;
104 (b) the patient's name and address or, in the case of an animal, the name of the owner
105 and species of the animal;
106 (c) the date of issuance;
107 (d) the name of the medication or device prescribed and dispensing instructions, if
108 necessary;
109 (e) the directions, if appropriate, for the use of the prescription by the patient or
110 animal and any refill, special labeling, or other instructions;
111 (f) the prescriber's signature if the prescription order is written;
112 (g) if the order is an electronically transmitted prescription order, the prescribing
113 practitioner's electronic signature; and
114 (h) if the order is a hard copy prescription order generated from electronic media, the

115 prescribing practitioner's electronic or manual signature.
116 (2) The requirement of Subsection (1)(a) does not apply to prescription orders
117 dispensed for inpatients by hospital pharmacies if the prescriber is a current member of the
118 hospital staff and the prescription order is on file in the patient's medical record.
119 (3) Unless it is for a Schedule II controlled substance, a prescription order may be
120 dispensed by [pharmacists] a pharmacist or pharmacy [interns] intern upon an oral
121 prescription of a practitioner only if the oral prescription is promptly reduced to writing.
122 (4) (a) Except as provided under Subsection (4)(b), a pharmacist or pharmacy intern
123 may not dispense or compound any prescription of a practitioner if [it] the prescription shows
124 evidence of alteration, erasure, or addition by any person other than the person writing the
125 prescription.
126 (b) A pharmacist or pharmacy intern dispensing or compounding a prescription may
127 alter or make additions to the prescription after receiving permission of the prescriber and may
128 make entries or additions on the prescription required by law or necessitated in the
129 compounding and dispensing procedures.
130 (5) Each drug dispensed shall have a label securely affixed to the container indicating
131 the following minimum information:
132 (a) the name, address, and telephone number of the pharmacy;
133 (b) the serial number of the prescription as assigned by the dispensing pharmacy;
134 (c) the filling date of the prescription or its last dispensing date;
135 (d) the name of the patient, or in the case of an animal, the name of the owner and
136 species of the animal;
137 (e) the name of the prescriber;
138 (f) the directions for use and cautionary statements, if any, which are contained in the
139 prescription order or are needed;
140 (g) except as provided in Subsection (6), the trade, generic, or chemical name, amount
141 dispensed and the strength of dosage form, but if multiple ingredient products with established
142 proprietary or nonproprietary names are prescribed, those products' names may be used; and

143 (h) the beyond use date.
144 (6) If the prescriber specifically indicates the name of the prescription product should
145 not appear on the label, then any of the trade, generic, chemical, established proprietary, and
146 established nonproprietary names and the strength of dosage form may not be included.
147 (7) Except when it is delivered to the ultimate user via the United States Postal
148 Service, licensed common carrier, or supportive personnel, a prescription drug may be
149 dispensed to the ultimate user or his agent only at a licensed pharmacy.