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Legal Status of EPT in Delaware

potentially allowable EPT is potentially allowable.

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

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

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

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

V. Prescription requirements (Explanation) minus symbol Patient’s full name required on prescription label regarding any prescription drug “for the use of a patient or other third party….” Del. Code Ann. tit. 24 § 2522 (noting that no third-party information is required on the label).

minus symbol Dispense means to furnish or deliver a drug to an ultimate user by or pursuant to the lawful prescription of a practitioner. Del Code Ann. tit. 24 § 2502(4)
VI. Assessment of EPT’s legal status with brief comments (Explanation) potentially allowable EPT is potentially allowable.

Lack of statutory authority stating otherwise, the law does not preclude a physician from prescribing drugs for patient’s partner. Partner information is not required on the prescription label. However, a pharmacist may only dispense drugs to an ultimate user.
Status as of July 24, 2007

Legend

plus sign supports the use of EPT

minus symbol negatively affects the use of EPT

permissible EPT is permissible

potentially allowable EPT is potentially allowable

prohibited EPT is prohibited

permissible EPT is permissible in 41 states: potentially allowable EPT is potentially allowable in 7 states: prohibited EPT is prohibited in 2 states:
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Mexico
New York
North Carolina
North Dakota
Ohio
Oregon
Pennsylvania
Rhode Island
Tennessee
Texas
Utah
Vermont
Washington
West Virginia
Wisconsin
Wyoming
EPT is permissible in the District of Columbia.		 Alabama
Delaware
Kansas
New Jersey
Oklahoma
South Dakota
Virginia
EPT is potentially allowable in Puerto Rico.		 Kentucky
South Carolina

  

Summary Totals

The information presented here is not legal advice, nor is it a comprehensive analysis of all the legal provisions that could implicate the legality of EPT in a given jurisdiction.  The data and assessment are intended to be used as a tool to assist state and local health departments as they determine locally appropriate ways to control STDs.

For comments, feedback and updates, please contact CDC-INFO: https://www.cdc.gov/cdc-info/.

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