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Legal Status of EPT in Pennsylvania

permissible EPT is permissible.

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

plus sign A prescription means a written or oral order issued by a duly licensed medical practitioner in the course of his professional practice …which is dispensed for use by a consumer.” 63 Penn. Stat. § 390-2(8); see also 49 Pa. Code. § 27.1
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)

plus sign Pharmacist dispensing means “preparation of a prescription or non-prescription drug…for subsequent administration to or use by a patient or other individual entitled to receive the drug.” 63 Penn. Stat. § 390-2(2.1).

minus symbol Prescriptions on file shall show the name and address of the patient. 49 Pa. Code § 27.18(b)(1)

minus symbol “The label shall also bear the name and address of the practitioner, the date dispensed, the name of the patient, and the directions for use of the drug by the patient.” 49 Pa. Code § 16.94(a)
VI. Assessment of EPT’s legal status with brief comments (Explanation)

permissible EPT is permissible.

Statutory language does not preclude a third-party partner from being a “consumer” or an “individual entitled to receive the drug.”
Status as of August 16, 2006

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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