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Legal Status of EPT in Kansas

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)

 

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) plus sign There is no statutory requirement that patients be examined by a physician prior to being given a prescription at a non-profit clinic. However, the need for a physical examination depends on the facts and standards of competent medical practice. XVI Kan. Op. Att’y Gen. 60, No. 82-162 (1982).
IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation)

 

V. Prescription requirements (Explanation) minus symbol A dispensing physician shall clearly label each drug dispensed. The label shall be typed or machine printed and shall include the following: (b) The full name of the patient. Kan. Admin. Regs. § 100-21-2

minus symbol Except for specified statutory exceptions, the sale or transfer (actual, constructive or attempted) of a drug from one person to another must occur within a registered pharmacy by a registered pharmacist or by a person acting under the pharmacist’s supervision. One exception pertains to the transfer of a drug by "dispensing" the drug. "Dispense" means "to deliver prescription medication to the ultimate user . . . by or pursuant to the lawful order of a practitioner." Kan. Stat Ann. § 65-1626(k)

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

Although physicians may prescribe drugs without conducting a physical exam, a pharmacist may only dispense drugs to an ultimate user (which may not include partners of patients).

Status as of August 16, 2006

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star Exception: EPT is permissible in Baltimore, Maryland.


Summary Totals

 
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