Legal Status of EPT in Illinois

At a glance

EPT is permissible in Illinois as of January 1, 2022.

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
[-] Concerning physical examination and medical treatment for syphilis, gonorrhea, or chlamydia, if an examination has not taken place, public health authorities shall request individuals to report for examination and complete treatment pursuant to the examination results. Ill. Admin. Code tit. 77, § 693.50.

[+] “Notwithstanding any other provision of law, a health care professional who makes a clinical diagnosis of chlamydia, or gonorrhea, or trichomoniasis may prescribe, dispense, furnish, or otherwise provide prescription antibiotic drugs to the infected person’s sexual partner or partners for the treatment of the sexually transmissible disease without physical examination of the partner or partners…”
410 Ill. Comp. Stat. 325/6; see also 225 Ill. Comp. Stat. 60/64 (physicians); 225 Ill. Comp. Stat. 65/70-170 (nurses); and 225 Ill. Comp. Stat. 95/25 (physician assistants). (effective 1/1/2022)
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 Attorney General addressed whether non-licensed healthcare practitioners (nursing aids, orderlies, attendants) could dispense medications to patients. The AG concluded that only licensed practitioners (physicians or nurses) could administer medications. 1976 Op. Att’y Gen. Ill. 62*
IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT)
V. Prescription requirements
[-] Prescription label must bear patient’s name. 225 Ill. Comp. Stat. 60/33; 225 Ill. Comp. Stat. 85/3(e).*

[-] To sell or dispense a prescription drug without a prescription is prohibited. 410 Ill. Comp. Stat. 620/3.21*
VI. Assessment of EPT’s legal status with brief comments
EPT is permissible. Statutory authority expressly authorizes EPT for the treatment of chlamydia gonorrhea, and trichomoniasis.

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