Legal Status of EPT in Idaho

EPT is permissible EPT is permissible.

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) plus sign “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) minus symbol 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) minus symbol Supplying drugs to unqualified persons constitutes unprofessional conduct. Idaho Admin. Code r. 27.01.01.500*
VI. Assessment of EPT’s legal status with brief comments (Explanation) EPT is permissible. 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

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 46 states: potentially allowable EPT is potentially allowable in 4 states: prohibited EPT is prohibited in 0 states:
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oregon
Pennsylvania
Rhode Island
South Carolina
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
EPT is permissible in the District of Columbia.
EPT is permissible in the Commonwealth of the Northern Mariana Islands.
Alabama
Kansas
Oklahoma
South Dakota
EPT is potentially allowable in Puerto Rico and Guam.

 

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/.