Legal Status of EPT in Michigan
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)||“…a health professional may provide expedited partner therapy if all of the following requirements are met: (a) The patient has a laboratory-confirmed or suspected clinical diagnosis of a sexually transmitted infection. (b) The patient indicates that he or she has a partner with whom the patient has engaged in sexual activity within the 60-day period immediately before the diagnosis of a sexually transmitted infection. (c) The patient indicates that his or her partner is unable or is unlikely to seek clinical services in a timely manner.” Mich. Comp. Laws Ann. § 333.5110.
“Except as otherwise authorized for expedited partner therapy in section 5110 or as provided in section 17744a or 17744b, a dispensing prescriber shall dispense prescription drugs only to his or her own patients.” Mich. Comp. Laws Ann. § 333.17745.
|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)|
|V. Prescription requirements (Explanation)|| “Prescriber shall dispense a drug in a container that bears a label containing… (b) Except as otherwise authorized under section 5110, 17744a, or 17744b, the patient’s name and record number” Mich. Comp. Laws Ann. § 333.17745(7). (Section 5110 authorizes EPT subject to various requirements)
Pharmacist must provide purchaser of prescription drug a receipt which includes, “except as otherwise authorized under section 5110, 17744a, or 17744b, the name of the patient for whom the drug was prescribed.” Mich. Comp. Laws Ann. § 333.17757. (Section 5110 authorizes EPT subject to various requirements)
Pharmacist may not dispense prescription drugs, “except as otherwise authorized under section 5110, 17744a, or 17744b,” unless s/he determines that the prescription is pursuant to an existing physician/patient relationship. Mich. Comp. Laws Ann. § 333.17751. (Section 5110 authorizes EPT subject to various requirements)
“A prescriber who issues a written prescription for a noncontrolled legend drug . . . shall ensure that the prescription contains…(a) The full name of the patient for whom the drug is being prescribed….” Mich. Admin. Code r 338.479(b) See Mich. Comp. Laws Ann. § 333.5110 (“Notwithstanding any provision of this act or rules to the contrary, if the name of the partner is not known, the health professional shall dispense or prescribe the therapy in the name of ‘expedited partner therapy.’”)
|VI. Assessment of EPT’s legal status with brief comments (Explanation)||EPT is permissible.Statutory authority expressly authorizes EPT for the treatment of sexually transmitted diseases, subject to various conditions as stated in the law.|
|Status as of January 14, 2015|
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 45 states:||EPT is potentially allowable in 4 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.
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