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Legal Status of EPT in Virginia

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)

 

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 “Women’s Health Nurse Practitioners who treat male [partners] for STDs must have authorization for and have received specific training in such practice, as documented in the written protocol between the nurse practitioner and the supervising physician. In addition, any prescription written for STDs shall be issued for a medicinal therapeutic purpose to a person with whom the practitioner has a bona fide practitioner-patient relationship….”

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

plus sign "Regulations incorporate, but are not limited to: APHA's CCD Manual, 18th edition, 2004, "Methods of Control" sections. The board and commissioner reserve the right to use any legal means to control any disease which is a threat to the public health." 12 Va. Admin. Code ยง 5-90-100

V. Prescription requirements (Explanation)

minus symbol The prescription shall contain the patient’s name and address. Va. Code Ann.
§ 54.1-3408.01(A)

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

potentially allowable EPT is potentially allowable

The Board of Nursing and Medicine opinion requires a “bona fide practitioner-patient relationship,” although this term is only defined in statutes relating to the regulation of controlled substances under Va. Code Ann. § 54.1-3303(A). Absent an express statutory preclusion, the health board and commissioner may exercise their authority to proffer EPT as a potential measure to treat diseases (like STDs) that pose a threat to the public’s health.

Status as of February 8, 2011

 

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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