At a glance
EPT is permissible in North Dakota as of January 1, 2009.
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
[+] “A practitioner who diagnoses a sexually transmitted disease…may prescribe or dispense, and a pharmacist may dispense, prescription antibiotic drugs to that patient’s sexual partner or partners, without there having been an examination of that patient’s sexual partner or partners.” N.D. Admin. Code rr. 61-04-04-01(21). (effective 1/1/2009)
[+] Nothing in the requirements for dispensing controlled substances and specified drugs “may be construed to prohibit a practitioner from issuing a prescription or dispensing a controlled substance or specified drug in accordance with administrative rules adopted by a state agency authorizing expedited partner therapy in the management of a sexually transmitted disease.” Effective date is August 1, 2009 ND Century Code §19-02.1-15.1(4d)
II. Specific judicial decisions concerning EPT (or like practices)
[-] Court upheld revocation of physician’s license for prescribing over Internet without prior examination or physician-patient relationship. Jones v. ND State Bd. of Med. Exam’rs, 691 N.W.2d 251 (N.D. 2005).*
III. Specific administrative opinions by the Attorney General or medical or pharmacy boards concerning EPT (or like practices)
[-] In an opinion focused on durable powers of attorney, the N.D. Attorney General stated that “North Dakota has many laws which limit a person’s access to desired medical treatment. Certain drugs or medicines are not available without an authorized practitioner’s prescription. N.D. Cent. Code § 19-02.1-15(1).” Id. at 8. 1997 Op. Att’y Gen. N.D. L-141.*
IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT)
V. Prescription requirements
[-] Prescription label must bear patient’s name unless physician indicates otherwise. N.D. Cent. Code § 19-02.1-14.1.*
VI. Assessment of EPT’s legal status with brief comments
EPT is permissible. Statutory authority expressly authorizes EPT for the treatment of sexually transmitted diseases.
* This legal authority predates the effective date of the state’s law that authorizes EPT.