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Legal Status of EPT in Florida

prohibited EPT is 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 The health dept or its authorized representatives may examine or cause to be examined anyone suspected of having an STD, and if found to have the disease, that person shall be treated. Fla. Stat. Ann. § 384.27.

minus symbol Physicians and physician assistants barred from practicing telemedicine, which includes prescribing drugs or treatment based solely upon electronic communication. Prior examination and diagnostic evaluation required.
Fla. Admin. Code Ann. r. 64B8-9.014.

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 The name of the patient for whom the drug was ordered must be on the label affixed to the container. Fla. Stat. Ann. § 465.186.

minus symbol Pharmacist prohibited from dispensing prescription if there is reason to believe the prescription is not supported by physician-patient relationship or prior evaluation. Fla. Stat. Ann. § 465.023.

minus symbol Florida pharmacy rules provide that
“ (1) Prescribing medications based solely on an electronic medical questionnaire constitutes the failure to practice medicine with that level of care, skill, and treatment which is recognized by reasonably prudent physicians as being acceptable under similar conditions and circumstances, as well as prescribing legend drugs other than in the course of a physician’s professional practice,” and prohibit prescriptions absent “(2)(a) a documented patient evaluation, including history and physical examination to establish the diagnosis for which any legend drug is prescribed.”
Fla. Admin. Code Ann. r. 64B8-9.014

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

Individuals with STDs must undergo a physical exam prior to receiving treatment. Pharmacists are precluded from dispensing a drug to any individual who may receive the drug who has not received a physical examination.

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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