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Legal Status of EPT in Kentucky

prohibited EPT is likely 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 Any person infected, or reasonably suspected of being infected, with an STD shall undergo such medical examination as is necessary to determine the existence or nonexistence of diagnosis, and if found to be infected, shall submit to treatment. 902 Ky. Admin. Regs. 2:080.
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) minus symbol …if a nurse or other person is dispensing any sort of prescription drug without the immediate supervision of a pharmacist or physician then they would be in direct violation of the prohibitions against such activity. Ky. Rev. Stat. Ann. ยงยง 315.020(1)-(2)
1978 Ky. AG LEXIS 286 (OAG 78-450)
IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation)

 

V. Prescription requirements (Explanation) plus sign Label not required to have patient name. KRS 217.015 (26); see also KRS 217.065 (2), 217.065 (6), and 217.065 (11)(b).

minus symbol Under the Food, Drug, and Cosmetic Act, “dispense” means to “deliver a drug…to an ultimate user…by or pursuant to the lawful order of a practitioner….” KRS 217.015(9);

plus sign Occupations and Professions Code on Pharmacists, which defines “dispense” as delivering a drug “to or use by a patient or other individual entitled to receive the prescription drug.” KRS 315.010

minus symbol Pharmacists must create and maintain patient information, including name address, age, list of all prescriptions from the last 12 months, etc., and give counseling to the patient to optimize drug therapy, as appropriate.
201 KAR 2:210; see also KRS 315.191(1), (5), (6), 42 C.F.R. Part 456

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

Physicians are precluded from prescribing drugs for an STD without conducting a physical exam. Physicians may not delegate their authority to dispense drugs to any other person. Pharmacists must ensure that all drugs are dispensed to an ultimate user (which may not include partners of the patient).

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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