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Legal Status of EPT in Puerto Rico

potentially allowable EPT is potentially allowable.

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 A prescription is an "original written order issued and signed by a medical doctor... in the normal course and legal exercise of his/her profession in Puerto Rico, in order for certain drugs or devices to be dispensed... It shall be the obligation of the physician issuing the same to comply with the professional responsibility of a true physician-patient relationship." Puerto Rico Pharmacy Act No. 247 (2004), section 1.03 (ww); see also

minus symbol "The Board may suspend, cancel, or revoke a license, censure, reprimand or place a physician on probation if he/she employs or delegates the authority to unauthorized persons to perform acts that can only be legally executed by authorized persons in the practice of medicine." Medical Discipline and Licensure Board Act No.139 (2008), Section 26, subsection (e)(14)(9)

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 not pretended for telemedicine to replace health care providers or relegate them to a lesser role in the offering of their services. By regulating telemedicine, the fundamental relationship between physician and patient is preserved, expanded and broadened." Puerto Rico Telemedicine Regulating Act No. 227 (1998), Statement of Motives

minus symbol "Should the patient agree to the use of telemedicine services, the physician shall obtain the oral and written informed consent of the patient before the services are rendered." Puerto Rico Telemedicine Regulating Act No. 227 (1998) Section 8

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

 

V. Prescription requirements (Explanation)

 

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

potentially allowable EPT is potentially allowable.

The need to obtain verbal and written informed consent suggests that a physician does not need to perform a physical exam prior to issuing a prescription. Statutory ambiguities suggest that the recipient of a prescription may include a patient’s partner. At the same time, statutory authority prohibits the delegation of tasks reserved to individuals licensed to practice medicine.

Status as of January 1, 2009

 

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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