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Legal Status of EPT in Maryland
EPT is potentially allowable.
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)|| 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.|
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.
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)|| 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).|
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).
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.
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)|| 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.|
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)||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)|| 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.
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|
|EPT is permissible in 36 states:||EPT is potentially allowable in 10 states:||EPT is prohibited in 4 states:|
EPT is permissible in the District of Columbia.
EPT is potentially allowable in Puerto Rico.
* Exception: EPT is permissible in Baltimore, Maryland