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Legal Status of EPT in Texas

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 sign "…establishing a professional relationship is not required for a physician to prescribe medications for sexually transmitted diseases for partners of the physician's established patient, if the physician determines that the patient may have been infected with a sexually transmitted disease." 22 Tex. Admin. Code §190.8(1)(L)(iii)

plus sign "An advanced practice registered nurse may prescribe medications for sexually transmitted diseases for partners of an established patient, if the advanced practice registered nurse assesses the patient and determines that the patient may have been infected with a sexually transmitted disease. Nothing in this subsection shall be construed to require the advanced practice registered nurse to issue prescriptions for partners of patients." 22 Tex. Admin. Code § 222.4(e)

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 Prescription must bear patient’s name and address. Tex. Occ. Code Ann. § 157.056, 563.052; see also § 164.054 (2)

plus sign "A pharmacist may dispense a prescription when a physician has not established a professional relationship with a patient if the prescription is for medications for sexually transmitted diseases for partners of the physician's established patient…" 22 Tex. Admin. Code § 291.29(b)(3).

plus sign "The name of the patient's partner… is not required to be on the label of a drug prescribed for a partner for a sexually transmitted disease…” 22 Tex. Admin. Code § 291.33(c)(7).

minus symbol “A pharmacist may not dispense a prescription drug if the pharmacist knows or should have known that the prescription was issued…without a valid patient-practitioner relationship.”
Tex. Occ. Code Ann. § 562.056a

plus sign Subsection (a) does not prohibit a pharmacist from dispensing a prescription when a valid practitioner-patient relationship is not present in an emergency. Tex. Occ. Code Ann. § 562.056(b)

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

permissible EPT is permissible.

Administrative regulations do not require a physician-patient relationship that would otherwise preclude EPT. Lack of contrary statutory or regulatory provisions suggests that EPT is permissible.

Status as of June 24, 2009

 

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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