Legal Status of EPT in Idaho
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)||“If a prescriber makes a diagnosis of an infectious disease in a patient [and is otherwise authorized to prescribe or dispense], may prescribe or dispense antimicrobials to an individual who has been exposed to the infectious person in accordance with clinical guidelines [for a patient with whom the prescriber does not have a prescriber-patient relationship]” Idaho Code Ann. I.C. § 54-1733.|
|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)||The Attorney General addressed the role of a non-physician (a correctional officer) to dispense prescriptions to a third-party (inmates). The AG concluded that this is not permissible because (1) dispensing of prescriptions requires specialized judgment, (2) an in loco parentis argument does not override the medical training required to administer drugs, and (3) only medical attendants may be delegated the task, as non-licensed practitioners, to dispense prescription medicines directly to a third-party. 1977 Op. Att’y Gen. Idaho 289.*|
|IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation)|
|V. Prescription requirements (Explanation)|| Supplying drugs to unqualified persons constitutes unprofessional conduct. Idaho Admin. Code r. 27.01.01.500*
Prescription label must bear patient’s name. Idaho Admin. Code r. 27.01.01.140*
|VI. Assessment of EPT’s legal status with brief comments (Explanation)|| EPT is permissible.
Statutory authority authorizes prescribing and dispensing antimicrobials to individuals with whom the prescriber does not have a prescriber-patient relationship and who have been exposed to an infectious disease in accordance with clinical guidelines.
*This legal authority predates the effective date of the state’s law that authorizes EPT.
Status as of July 1, 2019
supports the use of EPT
negatively affects the use of EPT
EPT is permissible
EPT is potentially allowable
EPT is prohibited
|EPT is permissible in 44 states:||EPT is potentially allowable in 5 states:||EPT is prohibited in 1 states:|
EPT is permissible in the District of Columbia.
EPT is permissible in the Commonwealth of the Northern Mariana Islands.
EPT is potentially allowable in Puerto Rico and Guam.
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/.