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Legal Status of EPT in Michigan

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)

“…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)minus symbol “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

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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