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Legal Status of EPT in Virginia

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 “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
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) minus symbol “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) plus sign “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) minus symbol 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) permissibleEPT 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.

Status as of July 1, 2018

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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