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Legal Status of EPT in Alabama

potentially allowable EPT is potentially allowable.

This is a table caption for compliance. Please ignore it.
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 Generally, providing a prescription to patient without examination is considered misconduct. EPT is not listed among exceptions. Ala. Admin. Code r. 540-X-9-.11.

minus symbol Certified nurse practitioners and certified nurse midwives may not prescribe for individuals who are not patients of the practice. Ala. Admin. Code rr. 610-X-5-.12, .23

plus sign “When a patient that is diagnosed with Chlamydia trachomatis or Trichomoniasis indicates that their sex partners are unlikely to seek evaluation and treatment, [Alabama Department of Public Health] registered nurses may dispense legend drugs for partners by providing the legend drugs to patients for delivery to the patient’s sexual partners.” Ala. Admin. Code r. 420-4-1-.12.

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)
IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation) plus sign “The State Committee of Public Health designates that the treatment of STDs shall be those accepted by the State Health Officer and consistent with recognized medical and epidemiologic information.” Ala. Admin Code r. 420-4-1-.05.
V. Prescription requirements (Explanation) plus sign A registered nurse in the employment of the State Health Department or a county health department may, in the provision of health care services, dispense legend drugs as provided in this section under the standing orders or direct supervision of a physician licensed to practice medicine in this state and pursuant to procedures established by the Board of Pharmacy and implemented by a pharmacist licensed to practice pharmacy in this state. The nurse may dispense the legend drugs for the treatment of . . . sexually transmitted diseases, . . . if approved by the State Board of Pharmacy.
Ala. Code § 34-23-11(b)

plus sign Patient identifying information is not required on prescription labels. Ala. Admin. Code r. 680-X-2-.13.

 

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

Under general circumstances, a physician must conduct a physical exam prior to prescribing a medication. The administrative opinion provides that under some circumstances, a physician may delegate the authority to dispense drugs to a nurse (and perhaps others as well, such as the patient). When coupled with authority of the State Comm. of Public Health to recommend EPT as consistent with recognized medical and epidemiological evidence, and the express authority of Alabama Department of Public Health registered nurses to practice EPT, EPT is potentially allowable.

Status as of June 26, 2014

Legend

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

This is a table caption for compliance. Ignore it please.
permissible EPT is permissible in 42 states: potentially allowable EPT is potentially allowable in 6 states: prohibited EPT is prohibited in 2 states:
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Mexico
New York
North Carolina
North Dakota
Ohio
Oregon
Pennsylvania
Rhode Island
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
EPT is permissible in the District of Columbia.
Alabama
Delaware
Kansas
New Jersey
Oklahoma
South Dakota
EPT is potentially allowable in Puerto Rico.
Kentucky
South Carolina

  

Summary Totals

The information presented here is not legal advice, nor is it a comprehensive analysis of all the legal provisions that could implicate the legality of EPT in a given jurisdiction.  The data and assessment are intended to be used as a tool to assist state and local health departments as they determine locally appropriate ways to control STDs.

For comments, feedback and updates, please contact CDC-INFO: https://www.cdc.gov/cdc-info/.

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