Legal Status of EPT in Texas

“…establishing a professional relationship is not required for 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)(iii)

“An advanced practice registered nurse may prescribe medications for sexually transmitted diseases for partners of an established patient, if the advanced practice registered nurse 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 advanced practice registered nurse to issue prescriptions for partners of patients.” 22 Tex. Admin. Code § 222.4(e)

Prescription must bear patient’s name and address. Tex. Occ. Code Ann. § 157.056, 563.052; see also § 164.054 (2)

“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).

“A pharmacist may not dispense a prescription drug if the pharmacist knows or should have known that the prescription was issued…without a valid patient-practitioner relationship.”
Tex. Occ. Code Ann. § 562.056a

Subsection (a) does not prohibit a pharmacist from dispensing a prescription when a valid practitioner-patient relationship is not present in an emergency. Tex. Occ. Code Ann. § 562.056(b)

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.