Legal Status of EPT in Arkansas

At a glance

EPT is permissible in Arkansas as of July 8, 2012.

Findings

[+] supports the use of EPT

[-] negatively affects the use of EPT

I. Statutes/regs on health care providers’ authority to prescribe for STDs to a patient’s partner(s) w/out prior evaluation
[+] The Arkansas State Medical Board exempts “prescriptions written or medications issued for use in expedited heterosexual partner therapy for the sexually transmitted diseases of gonorrhea and/or chlamydia” from its definition of malpractice for physicians. Ark. Admin. Code 007.29.1-2(8)(C). (effective 7/8/2012)
II. Specific judicial decisions concerning EPT (or like practices)
III. Specific administrative opinions by the Attorney General or medical or pharmacy boards concerning EPT (or like practices)
[+] The Arkansas State Board of Nursing has determined that it is within the scope of practice of the Advanced Practice Nurse (APN) with Prescriptive Authority to prescribe EPT to their patients’ heterosexual partner(s) with suspected gonorrhea and/or chlamydia. The prescription shall be in the partner’s name.” Position Statement 08-1 Expedited Partner Therapy.
IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT)
[+] The current edition of APHA’s “Control of Communicable Disease in Man” is accepted for applying general control measures for communicable diseases.
Ark. Admin. Code 007.15.2-II.
V. Prescription requirements
[-] Pharmacist filling a prescription for dispensing to an ultimate patient may affix label showing patient’s name on container, but not required. Ark. Code Ann. § 17-92-505.*
VI. Assessment of EPT’s legal status with brief comments
EPT is permissible. Arkansas State Medical Board regulations exclude EPT from its definition of “malpractice.” A lack of contrary statutory or regulatory provisions suggests that EPT is permissible for physicians treating chlamydia or gonorrhea.

*This legal authority predates the effective date of the state’s law that authorizes EPT.