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Legal Status of EPT in Massachusetts

permissible 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) plus symbol In July of 2010, the Massachusetts legislature passed Mass. Gen. Laws ch. 111, § 121B, which states that "the department [of public health] shall promulgate regulations authorizing [EPT]…" In August of 2011, the Department of Public Health promulgated such regulations, which state "a registered physician, physician assistant, nurse practitioner, or nurse midwife may provide expedited partner therapy (EPT) for the treatment of chlamydia infection…" 105 CMR 700.003(J)
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 In 2003, the Board of Registration in Medicine issued a policy on internet prescriptions, providing that “to satisfy the requirement that a prescription be issued by a practitioner in the usual course of his professional practice, there must be a physician-patient relationship that is for the purpose of maintaining the patient’s well-being and the physician must conform to certain minimum norms and standards for the care of patients, such as taking an adequate medical history and conducting an appropriate physical and/or mental status examination and recording the results.” It concluded that issuance of a prescription “by any means, including the internet,…that does not meet these requirements is therefore unlawful.” Note that the Board did not clarify, in citing a statutory provision on prescriptions for controlled substances, whether its position on issuing prescriptions without an exam also applies to the issuance of non-controlled substances.
IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation)

 

V. Prescription requirements (Explanation) minus symbol Dispensing means “the physical act of delivery a drug…to an ultimate user.” 247 Mass. Code Regs. 2.00
VI. Assessment of EPT’s legal status with brief comments (Explanation) potentially allowable EPT is permissible.

Department of Public Health regulations authorize EPT for the treatment of chlamydia.

Status as of January 11, 2007

 

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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