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Legal Status of EPT in Ohio

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 Physician assistant may not provide treatment for new patients or new conditions in established patients without prior physician evaluation.
Ohio Rev. Code Ann. § 4730.21.

II. Specific judicial decisions concerning EPT (or like practices) (Explanation)

minus symbol Physician failed to use reasonable care when she prescribed excessive and extra doses of antibiotic to patient who insisted on giving extra dosage to husband. Reed v. State Med. Bd. Ohio, 833 N.E.2d 814 (Ohio Ct. App. 2005).

minus symbol Physician misconduct for failing to evaluate new patients before prescription given, instead delegating to physician assistant. Royder v. State Med. Bd. of Ohio, 789 N.E.2d 1119 (Ohio 2003).

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 Prescription label must bear patient’s name. Ohio Rev. Code Ann. § 3715.64; see also Ohio Admin. Code § 4729-5-30(B)(4).

minus symbol An order purporting to be a prescription issued not in the usual course of bona fide treatment of a patient is not a prescription and the person knowingly dispensing such a purported prescription, as well as the person issuing it, shall be subject to the penalties of law. Ohio Admin. Code § 4729-5-30(A).

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

prohibited EPT is likely prohibited.

Statutory authority, case law, and administrative regulations require a physician to conduct a physical exam prior to prescribing any drugs. The physician and the dispensing pharmacist would be subject to penalties if they knowingly allow a third-party who was not the physician’s patient to procure a prescription drug.

Status as of August 16, 2006


plus sign supports the use of EPT

minus symbol negatively affects the use of EPT

permissible EPT is permissible

potentially allowable EPT is potentially allowable

prohibited EPT is prohibited