Legal Status of EPT in Ohio
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)||Certain health care providers are authorized to prescribe or furnish treatment for chlamydia, gonorrhea, or trichomoniasis “without having examined the individual for whom the drug is intended” if they are the sexual partner of the provider’s patient who was diagnosed with chlamydia, gonorrhea, or trichomoniasis, and other conditions are also met. Ohio Rev Code Ann. § 4731.93 (physicians), Ohio Rev Code Ann. § 4723.4810 (nurses), Ohio Rev Code Ann. § 4730.432 (physician assistants). (effective 3/26/2013)|
|II. Specific judicial decisions concerning EPT (or like practices) (Explanation)|| Physician failed to use reasonable care when she prescribed excessive and extra doses of antibiotic to patient who insisted on giving extra dosage to husband. Reed v. State Med. Bd. Ohio, 833 N.E.2d 814 (Ohio Ct. App. 2005).*
Physician misconduct for failing to evaluate new patients before prescription given, instead delegating to physician assistant. Royder v. State Med. Bd. of Ohio, 789 N.E.2d 1119 (Ohio 2003).*
|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)|| Prescription label does not have to bear the name of the individual for whom the drug is intended if the prescription contains the words “expedited partner therapy” or the letters “EPT.” Ohio Rev Code Ann. § 4729.282.
An order purporting to be a prescription issued not in the usual course of bona fide treatment of a patient is not a prescription and the person knowingly dispensing such a purported prescription, as well as the person issuing it, shall be subject to the penalties of law. Ohio Admin. Code § 4729-5-30(A).*
|VI. Assessment of EPT’s legal status with brief comments (Explanation)|| EPT is permissible.
Statutory authority expressly authorizes certain providers to provide EPT for chlamydia, gonorrhea, and trichomoniasis.
* This legal authority predates the effective date of the state’s law that authorizes EPT.
Status as of March 23, 2016
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 44 states:||EPT is potentially allowable in 5 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.
For comments, feedback and updates, please contact CDC-INFO: https://www.cdc.gov/cdc-info/.