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Legal Status of EPT in Maryland

potentially allowable EPT is potentially allowable.

permissible EPT is permissible in Baltimore.

I. Statutes/regs on health care providers’ authority to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation) plus sign Certain health care providers are authorized to dispense or otherwise provide certain antibiotic therapy to certain partners of patients diagnosed with certain sexually transmitted diseases without making a certain physical assessment as part of the Expedited Partner Therapy Pilot Program in the Baltimore City Health Department Md. Code Regs. 10.06.01.17-1. The termination date of pilot program is June 30, 2015.

minus symbol Physician may only dispense prescription drug to physician’s patient, unless prescription is a starter dose, sample, or at non-profit or public health clinic. Md. Code Ann., Health Occ. § 12-102.
Note, the above provision does not apply to providing a prescription order to a patient.

minus symbol Per Maryland Code of Regulations: Board of Physicians: A licensee shall dispense prescription drugs only to the patients of the licensee, and dispense drugs to a patient only when a pharmacy is not conveniently available to the patient. Md. Code Regs. 10.13.01.04

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) minus symbol A physician who prescribes naloxone—a non-controlled substance—to a patient to give to another heroin user in the event of an overdose would be subject to criminal prosecution and disciplinary action for aiding unauthorized practice of medicine and for violating applicable laws. 88 Op. Att’y Gen. Md. 03-009 (2003).

minus symbol No single State law specifies the contents of a valid prescription. However, the necessary elements of a prescription may be inferred from statutes that govern the dispensing and labeling of prescription drugs. Generally, a prescription will include the identity of the patient…. See Md. Code Ann., Health Occ. § 12-504 (circumstances under which pharmacist may substitute generically equivalent drug of "same dosage form and strength" for specified brand name drug); Md. Code Ann., Health-Gen. § 21-221(a) ("if stated in the prescription," a dispensed drug must be labeled with the name of the patient, any directions for use, and any cautionary statements); 01 Op. Att’y Gen. Md. 01-026 (2001).

minus symbol The Maryland Board of Physician Quality Assurance expressed concern about internet prescribing. It questioned the existence of a bona fide doctor/patient relationship when a person, previously unknown to the physician, provides subjective answers to questions via an online questionnaire and the physician provides prescriptions medications.

minus symbol The Maryland Board of Physicians suspended the license of a physician pursuant to a Consent Order of the North Carolina Board sanctioning the physician for authorizing prescriptions without a physical examination and without any prior physician-patient relationship.

IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation) plus sign The secretary or health officer shall take any action necessary to prevent the spread of a communicable disease and shall issue special instructions, when necessary, for the control of a disease or condition. Md. Code Regs. § 10.06.01.06.

plus sign Regulations incorporate by reference: APHA CCD Manual, 19th Edition, 2008, except where such recommendations conflict with health regulations. Md. Code Regs. §§ 10.06.01.01-1, 10.06.01.07, 10.06.01.07.

V. Prescription requirements (Explanation) plus sign Prescription need not bear patient’s name. However if name is provided on prescription, label must bear the name of the patient. Md. Code Ann., Health-Gen. § 21-221.
VI. Assessment of EPT’s legal status with brief comments (Explanation) potentially allowable EPT is potentially allowable in Maryland.

Statutory law does not preclude the administration of prescription drugs to a patient for use by partners. The medical and pharmacy boards are reluctant to support prescriptions issued outside of a bona fide physician patient relationship. The MDHMH Secretary or health officer may take actions necessary to prevent the spread of a communicable disease (which is not limited to exigencies). As well, APHA’s CCD Manual is incorporated by reference. circumstances.

permissible EPT is permissible in Baltimore, Maryland.

Certain health care providers are authorized to dispense or otherwise provide certain antibiotic therapy to certain partners of patients diagnosed with certain sexually transmitted diseases without making a certain physical assessment as part of the Expedited Partner Therapy Pilot Program in the Baltimore City Health Department Md. Code Ann., Health-Gen. § 10.06.01.17-1

 

Status as of July 1, 2010

 

permissible EPT is permissible in 35 states: potentially allowable EPT is potentially allowable in 9 states: prohibited EPT is prohibited in 6 states:

Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Hawaii
Idaho
Illinois
Indiana
Iowa
Louisiana
Maine
Massachusetts
Minnesota
Mississippi
Missouri
Nebraska
Nevada
New Hampshire
New Mexico 
New York
North Carolina
North Dakota
Oregon
Pennsylvania
Rhode Island
South Carolina
Tennessee
Texas
Utah
Vermont
Washington
Wisconsin
Wyoming

EPT is permissible in the District of Columbia.

Alabama
Delaware
Georgia
Kansas
Maryland *
Montana
New Jersey
South Dakota
Virginia

EPT is potentially allowable in Puerto Rico.
Florida
Kentucky
Michigan
Ohio
Oklahoma
West Virginia

* Exception: EPT is permissible in Baltimore, Maryland.

Summary Totals

 
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