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Legal Status of EPT in Maine

permissible EPT is permissible.

I. Statutes/regs on health care providers’ authority to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation) plus sign ". . . a health care professional who makes a clinical diagnosis of a sexually transmitted disease may provide expedited partner therapy for the treatment of the sexually transmitted disease if in the judgment of the health care professional the sexual partner is unlikely or unable to present for comprehensive health care, including evaluation, testing and treatment." (Effective July 21, 2010.) Me. Rev. Stat. Ann. tit. 22 § 1242
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 It is the policy of the Board of Licensure in Medicine that prescribing, dispensing or furnishing a prescription medication or device to a person who is not an established patient and whom the physician has not personally examined may be unprofessional conduct subject to disciplinary action pursuant to 32 MRSA, §3282-A, 2, (f). This rule does not apply to admission orders for a newly hospitalized patient, prescribing for a patient of another physician for whom the prescriber is providing coverage, or continuing medication on a short-term basis prior to a new patient's first appointment.
IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation) plus sign The Maine Center for Disease Control and Prevention requires that "treatment shall be in accord with the most current treatment recommendations/standards of care for the notifiable disease or condition." 10-144 Me. Code R. Ch. 258, §9 (D)(2)

plus sign Incorporates by reference prescribed care as set forth in APHA CCD Manual, 18th edition (2004), unless specified otherwise by the State Epidemiologist. 10-144 Me. Code R. Ch. 258, §9 (A)

plus sign “The health department may establish procedures for agents of the department to use in the . . . treatment of individuals having or reasonably believed to have a communicable disease.” Me. Rev. Stat. Ann. tit. 22, § 807.

V. Prescription requirements (Explanation)

minus symbol Prescription drug orders shall contain, at a minimum, (b) name and address of the patient. 02-392 CMR Part 4, Ch. 19 §1, p. 72.

minus symbol Prescription label must bear patient’s name. Me. Rev. Stat. Ann. tit. 32 § 13794

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

Statutory authority expressly authorizes EPT for the treatment of sexually transmitted diseases.

Status as of July 12, 2010

 

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

Alabama
Delaware
Georgia
Kansas
Maryland *
Montana
New Jersey
South Dakota
Virginia

EPT is potentially allowable in District of Columbia and Puerto Rico.
Florida
Kentucky
Michigan
Ohio
Oklahoma
West Virginia

* Exception: EPT is permissible in Baltimore, Maryland.

Summary Totals

 
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