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Legal Status of EPT in Massachusetts
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)||In July of 2010, the Massachusetts legislature passed Mass. Gen. Laws ch. 111, § 121B, which states that "the department [of public health] shall promulgate regulations authorizing [EPT]…" In August of 2011, the Department of Public Health promulgated such regulations, which state "a registered physician, physician assistant, nurse practitioner, or nurse midwife may provide expedited partner therapy (EPT) for the treatment of chlamydia infection…" 105 CMR 700.003(J)|
|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)|| In 2003, the Board of Registration in Medicine issued a policy on internet prescriptions, providing that “to satisfy the requirement that a prescription be issued by a practitioner in the usual course of his professional practice, there must be a physician-patient relationship that is for the purpose of maintaining the patient’s well-being and the physician must conform to certain minimum norms and standards for the care of patients, such as taking an adequate medical history and conducting an appropriate physical and/or mental status examination and recording the results.” It concluded that issuance of a prescription “by any means, including the internet,…that does not meet these requirements is therefore unlawful.” Note that the Board did not clarify, in citing a statutory provision on prescriptions for controlled substances, whether its position on issuing prescriptions without an exam also applies to the issuance of non-controlled substances.|
|IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation)|
|V. Prescription requirements (Explanation)||Dispensing means “the physical act of delivery a drug…to an ultimate user.” 247 Mass. Code Regs. 2.00|
|VI. Assessment of EPT’s legal status with brief comments (Explanation)|| EPT is permissible.|
Department of Public Health regulations authorize EPT for the treatment of chlamydia.
|Status as of January 11, 2007|
|EPT is permissible in 37 states:||EPT is potentially allowable in 9 states:||EPT is prohibited in 4 states:|
EPT is permissible in the District of Columbia.
EPT is potentially allowable in Puerto Rico.
* Exception: EPT is permissible in Baltimore, Maryland