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Legal Status of EPT in Puerto Rico

potentially allowableEPT is potentially allowable.

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) minus symbol A prescription is an “original written order issued and signed by a medical doctor… in the normal course and legal exercise of his/her profession in Puerto Rico, in order for certain drugs or devices to be dispensed… It shall be the obligation of the physician issuing the same to comply with the professional responsibility of a true physician-patient relationship.” Puerto Rico Pharmacy Act No. 247 (2004), section 1.03 (ww); see also

minus symbol “The Board may suspend, cancel, or revoke a license, censure, reprimand or place a physician on probation if he/she employs or delegates the authority to unauthorized persons to perform acts that can only be legally executed by authorized persons in the practice of medicine.” Medical Discipline and Licensure Board Act No.139 (2008), Section 26, subsection (e)(14)(9)

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) minus symbol “It is not pretended for telemedicine to replace health care providers or relegate them to a lesser role in the offering of their services. By regulating telemedicine, the fundamental relationship between physician and patient is preserved, expanded and broadened.” Puerto Rico Telemedicine Regulating Act No. 227 (1998), Statement of Motives

minus symbol “Should the patient agree to the use of telemedicine services, the physician shall obtain the oral and written informed consent of the patient before the services are rendered.” Puerto Rico Telemedicine Regulating Act No. 227 (1998) Section 8

IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation)  
V. Prescription requirements (Explanation)  
VI. Assessment of EPT’s legal status with brief comments (Explanation) potentially allowableEPT is potentially allowable.

The need to obtain verbal and written informed consent suggests that a physician does not need to perform a physical exam prior to issuing a prescription. Statutory ambiguities suggest that the recipient of a prescription may include a patient’s partner. At the same time, statutory authority prohibits the delegation of tasks reserved to individuals licensed to practice medicine.

Status as of January 1, 2009

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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