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Legal Status of EPT in Texas

permissibleEPT is permissible.

This is a table caption for compliance. Ignore it please.
I. Statutes/regs on health care providers’ authority to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation) plus sign “…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)

plus sign “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) minus symbol Prescription must bear patient’s name and address. Tex. Occ. Code Ann. § 157.056, 563.052; see also § 164.054 (2)

plus sign “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).

plus sign “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).

minus symbol “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

plus sign 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) permissibleEPT 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.

Status as of June 24, 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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