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Legal Status of EPT in Kentucky

prohibitedEPT is likely prohibited.

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 Any person infected, or reasonably suspected of being infected, with an STD shall undergo such medical examination as is necessary to determine the existence or nonexistence of diagnosis, and if found to be infected, shall submit to treatment. 902 Ky. Admin. Regs. 2:080.
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 …if a nurse or other person is dispensing any sort of prescription drug without the immediate supervision of a pharmacist or physician then they would be in direct violation of the prohibitions against such activity. Ky. Rev. Stat. Ann. §§ 315.020(1)-(2)
1978 Ky. AG LEXIS 286 (OAG 78-450)
IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation)
V. Prescription requirements (Explanation) plus sign Label not required to have patient name. KRS 217.015 (26); see also KRS 217.065 (2), 217.065 (6), and 217.065 (11)(b).

minus symbol Under the Food, Drug, and Cosmetic Act, “dispense” means to “deliver a drug…to an ultimate user…by or pursuant to the lawful order of a practitioner….” KRS 217.015(9);

plus sign Occupations and Professions Code on Pharmacists, which defines “dispense” as delivering a drug “to or use by a patient or other individual entitled to receive the prescription drug.” KRS 315.010

minus symbol Pharmacists must create and maintain patient information, including name address, age, list of all prescriptions from the last 12 months, etc., and give counseling to the patient to optimize drug therapy, as appropriate.
201 KAR 2:210; see also KRS 315.191(1), (5), (6), 42 C.F.R. Part 456

VI. Assessment of EPT’s legal status with brief comments (Explanation) prohibitedEPT is likely prohibited.

Physicians are precluded from prescribing drugs for an STD without conducting a physical exam. Physicians may not delegate their authority to dispense drugs to any other person. Pharmacists must ensure that all drugs are dispensed to an ultimate user (which may not include partners of the patient).

Status as of August 16, 2006

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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