Legal Status of EPT in Oklahoma
EPT is potentially allowable.
|I. Statutes/regs on health care providers’ authority to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation)||
“Providers ordering appropriate medications for persons with laboratory-proven, sexually transmitted diseases” may provide medications to “persons who have been in contact with certain infectious diseases” without a face-to-face encounter. Okla. Admin. Code § 435:10-7-12. Physicians prohibited from prescribing to a patient without sufficient examination or establishing physician/patient relationship. Okla. Stat. tit. 59 § 509(12)., Okla. Stat. tit. 59 § 637. See Okla. Admin. Code § 435:10-7-12 (“The physician/patient relationship shall include a medically appropriate, timely-scheduled, face-to-face encounter with the patient… except that the following providers are not subject to the face-to-face encounter: … (3) Providers ordering appropriate medications for persons with laboratory-proven, sexually diseases”)
It is unlawful for any person not a physician to treat anyone for an STD, unless that person is under direct control of a physician. Okla. Stat. tit. 63 § 1-521.
|II. Specific judicial decisions concerning EPT (or like practices) (Explanation)||Physician misconduct found when physician prescribed to patients without establishing physician-patient relationship or prior examination. State v. Litchfield, 103 P.3d 111 (Okla. Civ. App. 2004). State v. Ray, 848 P.2d 46 (Okla. Civ. App. 1992).|
|III. Specific administrative opinions by the Attorney General or medical or pharmacy boards concerning EPT (or like practices) (Explanation)||
The Oklahoma State Board of Medical Licensure and Supervision determined that “Unprofessional conduct includes “prescribing or administering a drug or treatment without sufficient examination and the establishment of a valid physician/ patient relationship” pursuant to Title 59 O.S. 509-12. Also, a “sufficient examination” and “establishment of a valid physician/patient relationship” can NOT take place without an initial face to face encounter with the patient. In other words, it requires at a minimum: . . .
2. Establishing a diagnosis through the use of accepted medical practices such as a patient history, mental status exam, physical examination and appropriate diagnostic and laboratory testing by the prescribing physician;
3. Discussing with the patient, the diagnosis and the evidence for it, the risks and benefits of various treatment options; and 4. Insuring availability of the physician or coverage for the patient for appropriate follow-up care.”
|IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation)|
|V. Prescription requirements (Explanation)||
Prescription label must bear name of patient. 59 Okl. St § 353.20.1.
If the name of patient is stated in the prescription, the label must bear the patient’s name. Okla. Stat. tit. 63, § 1-1409.
“The pharmacy or pharmacist shall not dispense a prescription drug if the pharmacist knows or should have known that the prescription was issued without a valid preexisting patient-practitioner relationship.” Okla. Admin. Code § 535:15-3-13(d)
|VI. Assessment of EPT’s legal status with brief comments (Explanation)||
EPT is potentially allowable.Administrative regulations authorize the practice of EPT. Other statutory authority, case law, medical board opinions, and administrative regulations pose potential legal barriers to the practice of EPT.
|Status as of December 3, 2013|
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 43 states:||EPT is potentially allowable in 5 states:||EPT is prohibited in 2 states:|
EPT is permissible in the District of Columbia.
EPT is potentially allowable in Puerto Rico.
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/.