Legal Status of EPT in Louisiana
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)|| “Any physician or any advanced practice registered nurse…may prescribe, furnish, or otherwise provide prescription antibiotic drugs to that patient’s sexual partner or partners absent a doctor-patient relationship or absent an advanced practice registered nurse-patient relationship and without examination…of that patient’s sexual partner or partners.” La. Rev. Stat. Ann. § 40:1121.6 (effective 6/25/2008)
“If expedited partner therapy is chosen as an alternative [by a] physician, advanced practice registered nurse or physician assistant, the patient with a case of gonorrhea or chlamydia will be given a written document that the patient agrees to give to his or her sexual contact. […] Additionally, any pharmacist licensed to practice pharmacy in this state may recognize a prescription authorized by this section as valid, notwithstanding any other provision of law or administrative rule to the contrary.” La. Admin. Code tit. 51 Part II Chapt. 1 § 117 (H)
“A prescription issued…in the absence of a documented patient evaluation including a physical examination, is issued outside the context of a valid physician-patient relationship, and is not a valid prescription.” La. Admin. Code tit. 46 Part LIII Chapt. 25 Subchapt. B § 2515
|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)|| “It is the position of the Louisiana State Board of Medical Examiners that: (i) it is in contravention of the Louisiana Medical Practice Act for a physician to prescribe medication, treatment or a plan of care generally if the physician has not established a physician patient relationship.”*
The Louisiana Board of Pharmacy issued a bulletin, to notify pharmacies and pharmacists of La. Rev. Stat. Ann. § 40:1064.1 so they will “recognize prescriptions for antibiotics issued under Expedited Partner Therapy as legitimate prescriptions.”
|IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation)|
|V. Prescription requirements (Explanation)||Prescription label must bear patient’s name. La. Rev. Stat. Ann. § 37:1702; see also LA Admin Code Tit. 46 Part LIII Chapt 25 Subchapt A §2527*|
|VI. Assessment of EPT’s legal status with brief comments (Explanation)|| EPT is permissible.
Statutory authority expressly authorizes EPT for the treatment of chlamydia and gonorrhea.
* This legal authority predates the effective date of the state’s law that authorizes EPT.
Status as of June 25, 2008
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 46 states:||EPT is potentially allowable in 4 states:||EPT is prohibited in 0 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/.