Legal Status of EPT in North Dakota
EPT is permissible.
|I. Statutes/regs on health care providers’ authority to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation)||
“A practitioner who diagnoses a sexually transmitted disease…may prescribe or dispense, and a pharmacist may dispense, prescription antibiotic drugs to that patient’s sexual partner or partners, without there having been an examination of that patient’s sexual partner or partners.” N.D. Admin. Code rr. 61-04-04-01 (21), 50-05-01-01, 54-05-03.1-10(8).
Nothing in the requirements for dispensing controlled substances and specified drugs “may be construed to prohibit a practitioner from issuing a prescription or dispensing a controlled substance or specified drug in accordance with administrative rules adopted by a state agency authorizing expedited partner therapy in the management of a sexually transmitted disease." Effective date is August 1, 2009
|II. Specific judicial decisions concerning EPT (or like practices) (Explanation)||
Court upheld revocation of physician’s license for prescribing over Internet without prior examination or physician-patient relationship. Jones v. ND State Bd. of Med. Exam’rs, 691 N.W.2d 251 (N.D. 2005).
|III. Specific administrative opinions by the Attorney General or medical or pharmacy boards concerning EPT (or like practices) (Explanation)||
In an opinion focused on durable powers of attorney, the N.D. Attorney
General stated that “North Dakota has many laws which limit a person’s
access to desired medical treatment. Certain drugs or medicines are not
available without an authorized practitioner's prescription. N.D. Cent. Code § 19-02.1-15(1).” Id.
|IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation)||
|V. Prescription requirements (Explanation)||
Prescription label must bear patient’s name unless physician indicates otherwise. N.D. Cent. Code § 19-02.1-14.1.
|VI. Assessment of EPT’s legal status with brief comments (Explanation)||
EPT is permissible.
Statutory authority expressly authorizes EPT for the treatment of sexually transmitted diseases.
|Status as of January 1, 2009|
|EPT is permissible in 35 states:||EPT is potentially allowable in 9 states:||EPT is prohibited in 6 states:|
EPT is potentially allowable in District of Columbia and Puerto Rico.