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Legal Status of EPT in Oklahoma
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)|
Physicians prohibited from prescribing to a patient without sufficient examination or establishing physician/patient relationship. Okla. Stat. tit. 59 § 509(12)., Okla. Stat. tit. 59 § 637.
It is unlawful for any person not a physician to treat anyone for an STD, unless that person is under direct control of a physician. Okla. Stat. tit. 59 § 1-521.
|II. Specific judicial decisions concerning EPT (or like practices) (Explanation)|
Physician misconduct found when physician prescribed to patients without establishing physician-patient relationship or prior examination. State v. Litchfield, 103 P.3d 111 (Okla. Civ. App. 2004). State v. Ray, 848 P.2d 46 (Okla. Civ. App. 1992).
|III. Specific administrative opinions by the Attorney General or medical or pharmacy boards concerning EPT (or like practices) (Explanation)|
The Oklahoma State Board of Medical Licensure and Supervision determined that “Unprofessional conduct includes "prescribing or administering a drug or treatment without sufficient examination and the establishment of a valid physician/ patient relationship” pursuant to Title 59 O.S. 509-12. Also, a “sufficient examination” and “establishment of a valid physician/patient relationship” can NOT take place without an initial face to face encounter with the patient. In other words, it requires at a minimum: . . .
|IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation)|
|V. Prescription requirements (Explanation)|
Prescription label must bear name of patient. Okla. Stat. tit. 59 § 353.13A., Okla. Stat. tit. 59 § 355.1.
If the name of patient is stated in the prescription, the label must bear the patient’s name. Okla. Stat. tit. 63, § 1-1409.
"The pharmacy or pharmacist shall not dispense a prescription drug if the pharmacist knows or should have known that the prescription was issued without a valid preexisting patient-practitioner relationship." Okla. Admin. Code § 535:15-3-13(d)
|VI. Assessment of EPT’s legal status with brief comments (Explanation)|
EPT is likely prohibited.
Statutory authority, case law, medical board opinions, 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 February 2, 2010|
|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.
* Exception: EPT is permissible in Baltimore, Maryland