Legal Status of EPT in Kansas
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)||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)|| 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
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)|| 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|
|EPT is permissible in 35 states:||EPT is potentially allowable in 9 states:||EPT is prohibited in 6 states:|
EPT is permissible in the District of Columbia.
EPT is potentially allowable in Puerto Rico.