Legal Status of EPT – Summary Totals

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

[+] 44 states feature one or more laws that permit or may facilitate certain health care practitioners to practice EPT.

[-] 17 states feature one or more laws that may limit the ability of some health care practitioners to conduct EPT.

II. Specific judicial decisions concerning EPT (or like practices)

[-] 6 states feature one or more judicial decisions that disallow prescriptions to persons without a physical examination or physician-patient relationship.

III. Specific administrative opinions by the Attorney General or medical or pharmacy boards concerning EPT (or like practices)

[+] 12 states feature an agency opinion that supports EPT or like practices.
[-] 13 states feature agency opinions that tend to prohibit EPT or like practices.

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

[+] 10 states have incorporated via reference CDC’s STD Treatment Guidelines.

[+] 14 states have incorporated via reference APHA’s CCD Manual.

[+] 5 states have incorporated via reference the AAP Red Book.

[+] 6 states have incorporated via reference other guidelines or recommendations.

V. Prescription requirements

[-] 28 states feature laws that require some patient identifying information on the prescription order or label.
[+] 22 states’ laws do not require patient identifying information on prescription order or label.
[-] 9 states have statutory provisions prohibiting pharmacists from dispensing medications to individuals who have not undergone a physical examination, failed to establish a physician-patient relationship, or who are not the ultimate user (i.e., a third-party) pursuant to a valid prescription.

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