West Virginia Code
(1) “Department” means the West Virginia Department of Health and Human Resources.
(2) “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 of the partner or partners.
(3) “Health care professional” means:
(A) An allopathic physician licensed pursuant to article three, chapter thirty of this code;
(B) An osteopathic physician licensed pursuant to article fourteen, chapter thirty of this code;
(C) A physician assistant licensed pursuant to section four, article three-e, chapter thirty of this code;
(D) An advanced practice registered nurse authorized with prescriptive authority pursuant to section fifteen-a, article seven, chapter thirty of this code; or
(E) A pharmacist licensed pursuant to article five, chapter thirty of this code.
(4) “Sexually transmitted disease” means a disease that may be treated by expedited partner therapy as determined by rule of the department.
(a) Notwithstanding any other provision of law to the contrary, 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 partner 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 sexually transmitted disease within the previous sixty days and who is able to be contacted by the patient.
(b) Any health care professional who provides expedited partner therapy shall comply with all necessary provisions of article four of this chapter.
(c) A health care professional who provides expedited partner therapy shall provide counseling for the patient, including advice that all women and symptomatic persons, and in particular women with symptoms suggestive of pelvic inflammatory disease, are encouraged to seek medical attention. The health care professional shall also provide in written or electronic format materials provided by the department to be given by the patient to his or her sexual partner.
(a) 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:
(1) Informational materials for sexual partners, as described in subsection (c), section two of this article;
(2) Informational materials for persons who are repeatedly diagnosed with sexually transmitted diseases; and
(3) Guidance for health care professionals on the safe and effective provision of expedited partner therapy.
(b) The department may offer educational programs about expedited partner therapy for health care professionals.
(a) A health care professional who provides expedited partner therapy in good faith without fee or compensation under this article and provides counseling and written materials as required in subsection (c), section two of this article is not subject to civil or professional liability in connection with the provision of the therapy, counseling and materials, except in the case of gross negligence or willful and wanton misconduct. A health care professional is not subject to civil or professional liability for choosing not to provide expedited partner therapy.
(b) 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 pharmacy to violate any provision of article five, chapter thirty of this code.
The Secretary of the Department of Health and Human Resources shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code to designate certain diseases as sexually transmitted diseases which may be treated by expedited partner therapy. The department 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 in making these designations.