Legal Status of EPT in Kentucky

EPT is likely prohibited.

I. Statutes/regs on health care providers’ authority to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation)	Any person infected, or reasonably suspected of being infected, with an STD shall undergo such medical examination as is necessary to determine the existence or nonexistence of diagnosis, and if found to be infected, shall submit to treatment. 902 Ky. Admin. Regs. 2:080.
II. Specific judicial decisions concerning EPT (or like practices) (Explanation)
III. Specific administrative opinions by the Attorney General or medical or pharmacy boards concerning EPT (or like practices) (Explanation)	…if a nurse or other person is dispensing any sort of prescription drug without the immediate supervision of a pharmacist or physician then they would be in direct violation of the prohibitions against such activity. Ky. Rev. Stat. Ann. §§ 315.020(1)-(2) 1978 Ky. AG LEXIS 286 (OAG 78-450)
IV. Legislative bills or prospective regulations concerning EPT (or like practices) (Explanation)
V. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation)
VI. Prescription requirements (Explanation)	Label not required to have patient name. KRS 217.015 (26); see also KRS 217.065 (2), 217.065 (6), and 217.065 (11)(b). Under the Food, Drug, and Cosmetic Act, “dispense” means to “deliver a drug…to an ultimate user…by or pursuant to the lawful order of a practitioner….” KRS 217.015(9); Occupations and Professions Code on Pharmacists, which defines “dispense” as delivering a drug “to or use by a patient or other individual entitled to receive the prescription drug.” KRS 315.010 Pharmacists must create and maintain patient information, including name address, age, list of all prescriptions from the last 12 months, etc., and give counseling to the patient to optimize drug therapy, as appropriate. 201 KAR 2:210; see also KRS 315.191(1), (5), (6), 42 C.F.R. Part 456
VII. Assessment of EPT’s legal status with brief comments (Explanation)	EPT is likely prohibited. Physicians are precluded from prescribing drugs for an STD without conducting a physical exam. Physicians may not delegate their authority to dispense drugs to any other person. Pharmacists must ensure that all drugs are dispensed to an ultimate user (which may not include partners of the patient).
Status as of August 16, 2006

Legend

supports the use of EPT

negatively affects the use of EPT

EPT is permissible

EPT is potentially allowable

EPT is prohibited

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