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Legal Status of EPT - Summary Totals

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 32 states feature one or more laws that permit or may facilitate certain health care practitioners to practice EPT.

plus sign Maryland permits EPT in Baltimore on a pilot basis.

minus symbol 23 states feature one or more laws that may limit the ability of some health care practitioners to conduct EPT.

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

minus symbol 6 states feature one or more judicial decisions that disallow prescriptions to persons without a physical examination or physician-patient relationship.

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

plus sign 13 states feature an agency opinion that supports EPT or like practices.

minus symbol 13 states feature agency opinions that tend to prohibit EPT or like practices.

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

plus sign 9 states have incorporated via reference CDC’s STD Treatment Guidelines.

plus sign 14 states have incorporated via reference APHA’s CCD Manual.

plus sign 5 states have incorporated via reference the AAP Red Book.

plus sign 6 states have incorporated via reference other guidelines or recommendations.

V. Prescription requirements (Explanation)

minus symbol 36 states feature laws that require some patient identifying information on the prescription order or label.

plus sign 11 states’ laws do not require patient identifying information on prescription order or label.

minus symbol 12 states have statutory provisions prohibiting pharmacists from dispensing medications to individuals who have not undergone a physical examination, failed to establish a physician-patient relationship, or who are not the ultimate user (i.e., a third-party) pursuant to a valid prescription.

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

permissible EPT is permissible in 37 states, the District of Columbia, and Baltimore, Maryland.

potentially allowable EPT is potentially allowable in 9 states and Puerto Rico.

prohibited EPT is likely prohibited in 4 states.

Status as of January 1, 2015

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