Legal Status of EPT in Virginia
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)||“A bona fide practitioner-patient relationship means that shall exist if the practitioner shall has… (iii) performed or caused to be performed an appropriate examination of the patient… In cases in which the practitioner is an employee of the Department of Health and is providing expedited partner therapy consistent with the recommendations of the Centers for Disease Control and Prevention, the examination required by clause (iii) shall not be required.” Va. Code Ann. § 54.1-3303 (effective 7/1/2018)|
|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)||“Women’s Health Nurse Practitioners who treat male [partners] for STDs must have authorization for and have received specific training in such practice, as documented in the written protocol between the nurse practitioner and the supervising physician. In addition, any prescription written for STDs shall be issued for a medicinal therapeutic purpose to a person with whom the practitioner has a bona fide practitioner-patient relationship….”*|
|IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation)||“Regulations incorporate, but are not limited to: “the “Methods of Control” sections of the 20th Edition of the Control of Communicable Diseases Manual (2015) published by the American Public Health Association. The board and commissioner reserve the right to use any legal means to control any disease which is a threat to the public health.” 12 Va. Admin. Code § 5-90-100|
|V. Prescription requirements (Explanation)||The prescription shall contain the patient’s name and address. Va. Code Ann. § 54.1-3408.01(A)*|
|VI. Assessment of EPT’s legal status with brief comments (Explanation)|| EPT is permissible.
Statutory authority expressly authorizes EPT by exempting it from the requirement that a physical examination occur prior to issuing a valid prescription based on a practitioner-patient relationship.
* This legal authority predates the effective date of the state’s law that authorizes EPT.
Status as of July 1, 2018
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/.