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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: “the "Methods of Control" sections of the 20th Edition of the Control of Communicable Diseases Manual (2015) published by the American Public Health Association. 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 § 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


plus sign supports the use of EPT

minus symbol negatively affects the use of EPT

permissible EPT is permissible

potentially allowable EPT is potentially allowable

prohibited EPT is prohibited