Legal Status of EPT in Texas
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)|| “…establishing a professional relationship is not required for a physician to prescribe medications for sexually transmitted diseases for partners of the physician’s established patient, if the physician determines that the patient may have been infected with a sexually transmitted disease.” 22 Tex. Admin. Code §190.8(1)(L)(iii) (effective 6/24/2009)
“An advanced practice registered nurse may prescribe medications for sexually transmitted diseases for partners of an established patient, if the advanced practice registered nurse assesses the patient and determines that the patient may have been infected with a sexually transmitted disease. Nothing in this subsection shall be construed to require the advanced practice registered nurse to issue prescriptions for partners of patients.” 22 Tex. Admin. Code § 222.4(d)
|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)|| Prescription must bear patient’s name and address. Tex. Occ. Code Ann. § 157.056, 563.052; see also § 164.054(2)*
“A pharmacist may dispense a prescription when a physician has not established a professional relationship with a patient if the prescription is for medications for sexually transmitted diseases for partners of the physician’s established patient…” 22 Tex. Admin. Code § 291.29(b)(3).
“The name of the patient’s partner… is not required to be on the label of a drug prescribed for a partner for a sexually transmitted disease…” 22 Tex. Admin. Code § 291.33(c)(7).
“A pharmacist may not dispense a prescription drug if the pharmacist knows or should have known that the prescription was issued…without a valid patient-practitioner relationship.” Tex. Occ. Code Ann. § 562.056a*
Subsection (a) does not prohibit a pharmacist from dispensing a prescription when a valid practitioner-patient relationship is not present in an emergency. Tex. Occ. Code Ann. § 562.056(b)
|VI. Assessment of EPT’s legal status with brief comments (Explanation)|| EPT is permissible.
Administrative regulations do not require a physician-patient relationship that would otherwise preclude EPT. Lack of contrary statutory or regulatory provisions suggests that EPT is permissible.
* This legal authority predates the effective date of the state’s law that authorizes EPT.
Status as of June 24, 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 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/.