Legal Status of EPT – Summary Totals
| I. Statutes/regs on health care providers’ authority to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation) |  44 states feature one or more laws that permit or may facilitate certain health care practitioners to practice EPT. 18 states feature one or more laws that may limit the ability of some health care practitioners to conduct EPT. |
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| II. Specific judicial decisions concerning EPT (or like practices) (Explanation) | 6 states feature one or more judicial decisions that disallow prescriptions to persons without a physical examination or physician-patient relationship. |
| III. Specific administrative opinions by the Attorney General or medical or pharmacy boards concerning EPT (or like practices) (Explanation) | 12 states feature an agency opinion that supports EPT or like practices. 13 states feature agency opinions that tend to prohibit EPT or like practices. |
| IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation) | 10 states have incorporated via reference CDC’s STD Treatment Guidelines. 14 states have incorporated via reference APHA’s CCD Manual. 5 states have incorporated via reference the AAP Red Book. 6 states have incorporated via reference other guidelines or recommendations. |
| V. Prescription requirements (Explanation) | 28 states feature laws that require some patient identifying information on the prescription order or label. 22 states’ laws do not require patient identifying information on prescription order or label. 9 states have statutory provisions prohibiting pharmacists from dispensing medications to individuals who have not undergone a physical examination, failed to establish a physician-patient relationship, or who are not the ultimate user (i.e., a third-party) pursuant to a valid prescription. |
| VI. Assessment of EPT’s legal status with brief comments (Explanation) |  EPT is permissible in 46 states and the District of Columbia and the Commonwealth of the Northern Mariana Islands. EPT is potentially allowable in 4 states, Puerto Rico, and Guam. EPT is likely prohibited in 0 states |
| Status as of November 3, 2023 | |
Legend
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: |
|---|---|---|
| Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oregon Pennsylvania Rhode Island South Carolina Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming EPT is permissible in the District of Columbia. EPT is permissible in the Commonwealth of the Northern Mariana Islands. |
Alabama Kansas Oklahoma South Dakota EPT is potentially allowable in Puerto Rico and Guam. |
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/.