Legal Status of EPT in Texas

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

[+] “Establishing a practitioner-patient relationship is not required for: (i) a physician to prescribe medications for sexually transmitted diseases for partners of the physician’s established patient, if the physician determines that the patient may have been infected with a sexually transmitted disease…” 22 Tex. Admin. Code § 190.8(1)(L)(i) (effective 6/24/2009)

[+] “An APRN may order or prescribe medications for sexually transmitted diseases for partners of an established patient, if the APRN assesses the patient and determines that the patient may have been infected with a sexually transmitted disease. Nothing in this subsection shall be construed to require the APRN to issue prescriptions for partners of patients.” 22 Tex. Admin. Code § 222.4(e)

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)

IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT)

V. Prescription requirements

[+] “A pharmacist may dispense a prescription when a physician has not established a professional relationship with a patient if the prescription is for medications for sexually transmitted diseases for partners of the physician’s established patient…” 22 Tex. Admin. Code § 291.29(b)(3).

[+] “The name of the patient’s partner… is not required to be on the label of a drug prescribed for a partner for a sexually transmitted disease…” 22 Tex. Admin. Code § 291.33(c)(7).

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

EPT is permissible. Administrative regulations do not require a physician-patient relationship that would otherwise preclude EPT. Lack of contrary statutory or regulatory provisions suggests that EPT is permissible.