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Legal Status of EPT in Washington

permissible EPT is permissible.

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 State and local health officers and their authorized representatives may issue written orders for treatment only after laboratory test results or direct observation of clinical signs or assessment of clinical data by a physician confirm the individual has, or is likely to have, a STD. Wash. Admin. Code § 246-100-203.

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)

plus sign The Medical Commission “recognizes that it is a common practice for health care practitioners to provide antibiotics for the partner(s) without prior examination. While not ideal in terms of diagnosis and control of Chlamydia and gonorrhea, the Medical Commission recognizes that this is often the only reasonable way to access and treat the partner(s) and impact the personal and public health risks of chlamydial and gonorrheal infections.” MD2003-04

plus sign The Washington State Medical Ass’n House of Delegates passed a Resolution concerning patient-delivered partner therapy for curable STDs and recommended that “the provider should inform the patient that it would be best to have all partners exposed during the previous 60 days come into a clinic for examination, testing and treatment. However, if treatment is not otherwise assured, the patient should be provided antibiotics for their partners.”

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

plus sign Regulations authorize local health officers to incorporate by reference: APHA’s CCD Manual, 17th edition, 2000, or other measures s/he deems necessary based on his or her professional judgment, current standards of practice and the best available medical and scientific information. Wash. Admin. Code § 246-100-036.

plus sign Patients diagnosed with reportable STDs are monitored for quality of services using CDC Treatment Guidelines as the “standard of care.”

V. Prescription requirements (Explanation)

plus sign When practitioner dispenses drugs, prescription label must bear patient’s name, although name and dosage of drug may be removed if physician determines necessary. Wash. Rev. Code § 69.41.050.

minus symbol A health care entity may only administer, dispense, or deliver legend drugs and controlled substances to patients who receive care within the health care entity and in compliance with rules of the board. Nothing in this subsection shall prohibit a practitioner, in carrying out his or her licensed responsibilities within a health care entity, from dispensing or delivering to a patient of the health care entity drugs for that patient's personal use in an amount not to exceed seventy-two hours of usage.
Wash. Rev. Code § 18.64.450(4)

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

permissible EPT is permissible.

Statutory laws do not require a physician-patient relationship that would otherwise preclude EPT. The opinions of the Medical Commission and Medical Ass’n House of Delegates clearly favor the use of EPT, which is further supported by local health officers’ authority to incorporate standards of practice (e.g., CDC STD Treatment Guidelines) that may allow EPT for the treatment of particular diseases.

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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