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Legal Status of EPT in West Virginia

prohibited EPT is likely prohibited.

I. Statutes/regs on health care providers’ authority to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation)

minus symbol W.Va. regulation defines as unprofessional conduct: “A practice of providing treatment recommendations relating to issuing prescriptions, via electronic or other means, for persons without establishing an on-going physician-patient relationship wherein the physician has obtained information adequate to support the prescription.” W. Va. Code R. § 11-01A-12.2(k).

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 Labels for legend drugs dispensed by a physician must contain patient’s name. W. Va. Code R. § 11-5-8.3(b).

minus symbol Pharmacists are prohibited from dispensing prescription orders when s/he has knowledge that the prescription was issued without a physician-patient relationship. W. Va. Code, § 30-5-14.

minus symbol Pharmacists, druggists, and any other non-physician are prohibited from dispensing, selling, distributing, or prescribing medication for the treatment of STDs without a written prescription or order from a licensed physician and the order is written for the person for whom the prescription is intended. W. Va. Code § 16-4-24

VI. Assessment of EPT’s legal status with brief comments (Explanation)

prohibited EPT is likely prohibited.

Statutory authority requires a physician patient relationship prior to prescribing medications. Pharmacists are also precluded from dispensing drugs where the intended recipient is not the patient identified on the prescription.

Status as of August 16, 2006


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