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Legal Status of EPT in West Virginia

prohibited 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)

minus symbol W.Va. regulation defines as unprofessional conduct: “A practice of providing treatment recommendations relating to issuing prescriptions, via electronic or other means, for persons without establishing an on-going physician-patient relationship wherein the physician has obtained information adequate to support the prescription.” W. Va. Code R. § 11-01A-12.2(k).

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)

 

IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation)

 

V. Prescription requirements (Explanation)

minus symbol Labels for legend drugs dispensed by a physician must contain patient’s name.
W. Va. Code R. § 11-5-8.3(b).

minus symbol Pharmacists are prohibited from dispensing prescription orders when s/he has knowledge that the prescription was issued without a physician-patient relationship. W. Va. Code § 30-5-3 (g).

minus symbol Pharmacists, druggists, and any other non-physician are prohibited from dispensing, selling, distributing, or prescribing medication for the treatment of STDs without a written prescription or order from a licensed physician and the order is written for the person for whom the prescription is intended.
W. Va. Code § 16-4-24

VI. Assessment of EPT’s legal status with brief comments (Explanation)

prohibited EPT is likely prohibited.

Statutory authority requires a physician patient relationship prior to prescribing medications. Pharmacists are also precluded from dispensing drugs where the intended recipient is not the patient identified on the prescription.

Status as of August 16, 2006

 

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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