An Act Enabling Expedited Partner Therapy
Maine Legislature, Session 124, LD 1617
Committee: Health and Human Services
Sponsors: PERRY, HASKELL, SIROIS
Amends: 32 MRSA §2110, 32 MRSA §13794, 32 MRSA §13798

Legislative Document 
1617 
H.P. 1145 
House of Representatives, December 23,2009 
An Act Enabling Expedited Partner Therapy 
Approved for introduction by a majority of the Legislative Couricil pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 21, 2009. Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308) and ordered printed pursuant to Joint-
Rule 401. 
Presented by Representative PERRY of Calais. 
~7rl~ 1/1. mt1L:~ul 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: HASKELL of Portland, SIROIS of Turner. 
Print~u Ull rc~yLlcJ paper 
Be it enacted by the People of the State of Maine as follows: . 
Sec. 1. 22 MRSA c. 251, sub-c. 3, art. 5 is enacted to read: 
ARTICLE 5 
EXPEDITED PARTNER THERAPY 
§1241. Definitions 
As used in this article, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. 
Department. 
"Department" means' the Department of Health and Human 
Services, Maine Center for Disease Control and Prevention ... 
2. Expedited partner thcrap f. 
"Expedited partner therapy" means prescribing, 
dispensing, furnishing or otherwise providing prescription antibiotic drugs to the sexual 
partner or partners of a person clinically diagnosed as infected with a sexually transmitted 
disease without physical examination ofthe partner or partners. 
3. 
Health care professional. 
"Health care professional" means an allopathic 
physician licensed pursuant to Title 32, chapter 48, an osteopathic physician . licensed 
pursuant to Title 32, chapter 36, a physician assistant who has been delegated the 
provision of. sexually transmitted disease therapy or expedited partner therapy by that. 
physician assistant's superv.ising physician, an advanced practice registered nurse who has 
a written collabonitive agreement with a collaborating physician that authorizes the 
provision of sexually transmitted disease therapy or expedited partner therapy or an 
advanced practice registered nurse who possesses appropriate clinical privileges in 
accordance with Title 32, chapter 31. 
4. Sexually transmitted disease. "Sexually transmitted disease" means a bacterial, 
viral, fungal or parasitic disease determined by rule of the department to be sexually 
transmitted, to be a threat to the public health and welfare· and to be a disease for which a 
legitimate public interest will be served by providirig for its regulation and treatment. 
§1242.Expedited partner therapy 
Notwithstanding any other provision of law, a health care professional who makes a 
clinical diagnosis of a sexually transmitted disease may provide expedited partner therapy 
for the treatment of the sexually transmitted disease if in the judgment of the health care 
professional the sexual partrier is unlikely or unable to present for comprehensive health' 
care, including evaluation, testing and treatment for sexually transmitted diseases. 
Expedited partner therapy is limited to a sexual partner who may have been exposed to a 
. 34 
. sexually transmitted disease within the previous 60 days and who is able to be contacted 
by the patient. 
) 
./ 
) 
) 
(~\ 
. 
) 
~ 
, 
) . 
'--/ 
1. Counseling. A health care professional who provides expedited partner therapy 
shall provide counseling for the patient and written materials provided by the department 
to be'given by the patient to the sexual partner that include at a minimum the following: 
A. A warning that a woman who is pregnant or might be pregnant should not take 
certain antibiotics and should immediately contact a health care professional for an 
examination; 
B. 
Information about the antibiotic and dosage. provided or prescribed; clear and 
explicit allergy and side effect warnings, including a warning that a sexual partner 
who has a history of allergy to the antibiotic or the pharmaeeutical class of antibiotic 
should not take the antibiotic and should be immediately examined by a health care 
professional; 
C. Information about the treatment and prevention of sexually transmitted diseases; 
D. The requirement of,abstinenceuntil a period of time after treatment to prevent 
infecting others; 
E. Notification of the importance of the sexual partner's receiving examination and 
testing for the human immunodeficiency virus and other sexually transmitted diseases 
and information regarding available resources; 
F. Notification of the risk to the sexual partner, others and the public health if the 
·sexually transmitted disease is not completely and successfully treated; 
G. The responsibility of the sexual partner to inform that person's sexual partners of 
the risk of sexually transmitted disease and the importance of prompt examination 
and treatment; and 
H. Information other than the information under paragraphs A to G as determined 
necessary by the department. 
2. Department to develop and disseminate materials. Taking into account the 
recommendations of the federal Department of Health and Human Services, Centers for 
Disease Control and Prevention· and other nationally recognized medical authorities, the 
department shall provide information and technical assistance as appropriate to health 
care professionals who provide expedited partner therapy. The department shall develop 
and disseminate in electronic and other formats. the following written materials: 
A. Informational materials for sexual partners, as described in subsection 1; 
B. Informational materials for persons who are repeatedly diagnosed with sexually 
transmitted diseases; and 
C.Guidance for health care professionals on the safe .and effective provision of 
expedited partner therapy. 
The department may offer educational programs about expedited partner therapy for 
health care professionals and pharmacists licensed under the Maine Pharmacy Act. 
3. Immunity for health care professional. A hearth care professional who provides 
expedited pa11ner therapy in good faith without fee or compensation under this section 
and provides counseling and written materials as required in subsection 1 is not subject to 
civil or professional liability in connection with the provision of the therapy, counseling 
and materials,' except in the case of willful and wanton misconduct. A health care 
professional is not subject to civil or professional liability for choosing not to provide 
expedited partner therapy. 
4. Immunity for pharmacist or pharmacy. A pharmacist or pharmacy is not 
subject to civil or professional liabilitY for choosing not to fill a prescription that would 
. cause that pharmacist or phartnacy to violate any provision of the Maine Ph'arrnacy Act. 
5. 
Rules. 
The department shall adopt rules, which are routine technical rules 
pursuant to Title 5, chapter 375, subchapter 2-A, to implement this section. 
The 
department shall consider designating certain diseases as sexually transmitted diseases, , 
including, 
but 
not 
limited 
to, . chancroid, 
gonorrhea,. granuloma 
inguinale, . 
. 
lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal 
urethritis, pelvic inflammatory disease, acute salpingitis, syphilis, Acquired Immune 
Deficiency Syndrome and human immunodeficiency virus, and shall consider the 
recommendations and classifications of the federal Department. of Health and Human 
Services, Centers for Disease Control and Prevention and other nationally recognized 
medical authorities. 
. 
Sec. 2. 32 MRSA §2110 is enacted to read: 
§2110. Expedited partner therapy 
An individual licensed under this chapter may not be disciplined for providing 
expedited partner therapy in accordance with. the provisions of Title 22, chapter 251, 
subchapter 3, article 5. 
. Sec. 3. 32 MRS A §2600-lB is enacted to read: 
§2600-B. Expedited partner therapy 
An individual licensed under this chapter may not be disciplined for providing 
expedited partner therapy in accordance with the provisions of Title 22, chapter 251, 
subchapter 3, article 5. 
Sec. 4. 32 MRS A §3300-lB is enacted to read: 
§3300-B. Expedited partner therapy 
An individual licensed under this chapter may not be disciplined for providing 
expedited partner therapy in' accordance with the provisions of Title 22, chapter 251, 
subchapter 3, article 5. 
Sec. 5. 32 MRSA §13794, as amended by PL 1999, c. 130, §14, is further 
amended by adding at the end a newparagtaph to read: 
A . drug dispensed in accordance with the prOVISIOns of Title 22, chapter 251, 
subchapter 3, article 5 does not require the name of the patient's sexual partner on the 
label. 
~ 
) 
.. ' 
) 
) 
.'-------. 
( 
\ 
\ 
I 
-, 
I'~ 
'--'/ 
Sec. 6. 32 MRSA §13798 is enacted to read: 
§13798. Expedited partner therapy 
An individual licensed under this chapter may not be disciplined for dispensing drugs 
pursuant to a lawful prescription in accordance with the provisions of Title 22, chapter 
251, subchapter 3, article 5. 
Sec. 7. Maine Revised Statutes headnote amended; revision clause. In the 
Maine Revised Statutes, Title 22, chapter 251, subchapter 3, in the subchapter headnote, 
the words "venereal diseases" are amended to read "sexually transmitted diseases" and 
the Revisor of Statutes shali implement this revision when updating, publishing or 
republishing the statutes. 
' 
SUMMARY 
This bill allows a health care professional who diagnoses a patient with a sexually 
transmitted disease to provide prescription antibiotic drugs to that patient's sexual partner 
for the treatment of the sexually transmitted disease without a physical examination if in 
the judgment of the health care professional the partner, is unlikely or unable to be seen 
for comprehensive health care.