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Legal Status of EPT in Ohio

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 Physician assistant may not provide treatment for new patients or new conditions in established patients without prior physician evaluation.
Ohio Rev. Code Ann. § 4730.21.

II. Specific judicial decisions concerning EPT (or like practices) (Explanation)

minus symbol Physician failed to use reasonable care when she prescribed excessive and extra doses of antibiotic to patient who insisted on giving extra dosage to husband. Reed v. State Med. Bd. Ohio, 833 N.E.2d 814 (Ohio Ct. App. 2005).

minus symbol Physician misconduct for failing to evaluate new patients before prescription given, instead delegating to physician assistant. Royder v. State Med. Bd. of Ohio, 789 N.E.2d 1119 (Ohio 2003).

III. Specific administrative opinions by the Attorney General or medical or pharmacy boards concerning EPT (or like practices) (Explanation)

 

IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation)

 

V. Prescription requirements (Explanation)

minus symbol Prescription label must bear patient’s name. Ohio Rev. Code Ann. § 3715.64; see also Ohio Admin. Code § 4729-5-30(B)(4).

minus symbol An order purporting to be a prescription issued not in the usual course of bona fide treatment of a patient is not a prescription and the person knowingly dispensing such a purported prescription, as well as the person issuing it, shall be subject to the penalties of law. Ohio Admin. Code § 4729-5-30(A).

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

prohibited EPT is likely prohibited.

Statutory authority, case law, and administrative regulations require a physician to conduct a physical exam prior to prescribing any drugs. The physician and the dispensing pharmacist would be subject to penalties if they knowingly allow a third-party who was not the physician’s patient to procure a prescription drug.

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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