Legal Status of EPT in Puerto Rico
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)||
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
“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)||
“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
“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)||
EPT 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|
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 46 states:||EPT is potentially allowable in 4 states:||EPT is prohibited in 0 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/.