Legal Status of EPT in North Dakota

“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), 50-05-01-01, 54-05-03.1-10(8).

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)

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).

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.

Prescription label must bear patient’s name unless physician indicates otherwise. N.D. Cent. Code § 19-02.1-14.1.

EPT is permissible.

Statutory authority expressly authorizes EPT for the treatment of sexually transmitted diseases.