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Legal Status of EPT in Alabama
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)|
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.
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
“When a patient that is diagnosed with Chlamydia trachomatis or Trichomoniasis indicates that their sex partners are unlikely to seek evaluation and treatment, [Alabama Department of Public Health] registered nurses may dispense legend drugs for partners by providing the legend drugs to patients for delivery to the patient's sexual partners.” Ala. Admin. Code r. 420-4-1-.12.
|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)||“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)|| 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 § 34-23-11(b)
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)|
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, and the express authority of Alabama Department of Public Health registered nurses to practice EPT, EPT is potentially allowable.
|Status as of June 26, 2014|
|EPT is permissible in 37 states:||EPT is potentially allowable in 9 states:||EPT is prohibited in 4 states:|
EPT is permissible in the District of Columbia.
EPT is potentially allowable in Puerto Rico.
* Exception: EPT is permissible in Baltimore, Maryland