Legal Status of EPT in Louisiana

At a glance

EPT is permissible in Louisiana as of June 25, 2008.

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
[+] “Any physician or any advanced practice registered nurse…may prescribe, furnish, or otherwise provide prescription antibiotic drugs to that patient’s sexual partner or partners absent a doctor-patient relationship or absent an advanced practice registered nurse-patient relationship and without examination…of that patient’s sexual partner or partners.” La. Rev. Stat. Ann. § 40:1121.6 (effective 6/25/2008)

[+] “If expedited partner therapy is chosen as an alternative [by a] physician, advanced practice registered nurse or physician assistant, the patient with a case of gonorrhea or chlamydia will be given a written document that the patient agrees to give to his or her sexual contact. […] Additionally, any pharmacist licensed to practice pharmacy in this state may recognize a prescription authorized by this section as valid, notwithstanding any other provision of law or administrative rule to the contrary.” La. Admin. Code tit. 51 Part II Chapt. 1 § 117 (H)

[-] “A prescription issued…in the absence of a documented patient evaluation including a physical examination, is issued outside the context of a valid physician-patient relationship, and is not a valid prescription.” La. Admin. Code tit. 46 Part LIII Chapt. 25 Subchapt. B § 2515
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)
[-] “It is the position of the Louisiana State Board of Medical Examiners that: (i) it is in contravention of the Louisiana Medical Practice Act for a physician to prescribe medication, treatment or a plan of care generally if the physician has not established a physician patient relationship.”*

[+] The Louisiana Board of Pharmacy issued a bulletin, to notify pharmacies and pharmacists of La. Rev. Stat. Ann. § 40:1064.1 so they will “recognize prescriptions for antibiotics issued under Expedited Partner Therapy as legitimate prescriptions.”
IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT)
V. Prescription requirements
[-] Prescription label must bear patient’s name. La. Rev. Stat. Ann. § 37:1702; see also LA Admin Code Tit. 46 Part LIII Chapt 25 Subchapt A §2527*
VI. Assessment of EPT’s legal status with brief comments
EPT is permissible.
Statutory authority expressly authorizes EPT for the treatment of chlamydia and gonorrhea.

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