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Legal Status of EPT in Alabama

potentially allowable EPT is potentially allowable.

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 Generally, providing a prescription to patient without examination is considered misconduct. EPT is not listed among exceptions. Ala. Admin. Code r. 540-X-9-.11.

minus symbol Certified nurse practitioners and certified nurse midwives may not prescribe for individuals who are not patients of the practice. Ala. Admin. Code rr. 610-X-5-.11, .22

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) plus sign “The State Committee of Public Health designates that the treatment of STDs shall be those accepted by the State Health Officer and consistent with recognized medical and epidemiologic information.” Ala. Admin Code r. 420-4-1-.05.
V. Prescription requirements (Explanation) plus sign A registered nurse in the employment of the State Health Department or a county health department may, in the provision of health care services, dispense legend drugs as provided in this section under the standing orders or direct supervision of a physician licensed to practice medicine in this state and pursuant to procedures established by the Board of Pharmacy and implemented by a pharmacist licensed to practice pharmacy in this state. The nurse may dispense the legend drugs for the treatment of . . . sexually transmitted diseases, . . . if approved by the State Board of Pharmacy.
Ala. Code ยง 34-23-11(b)

plus sign Patient identifying information is not required on prescription labels. Ala. Admin. Code r. 680-X-2-.13.

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

potentially allowable EPT is potentially allowable.

Under general circumstances, a physician must conduct a physical exam prior to prescribing a medication. The administrative opinion provides that under some circumstances, a physician may delegate the authority to dispense drugs to a nurse (and perhaps others as well, such as the patient). When coupled with authority of the State Comm. of Public Health to recommend EPT as consistent with recognized medical and epidemiological evidence, EPT is potentially allowable.

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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