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 (Explanation)	38 states feature one or more laws that permit or may facilitate certain health care practitioners to practice EPT. 21 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) (Explanation)	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) (Explanation)	11 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) (Explanation)	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 (Explanation)	34 states feature laws that require some patient identifying information on the prescription order or label. 14 states’ laws do not require patient identifying information on prescription order or label. 12 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 (Explanation)	EPT is permissible in 41 states and the District of Columbia. EPT is potentially allowable in 7 states and Puerto Rico. EPT is likely prohibited in 2 states.
Status as of July 1, 2017

Legend

supports the use of EPT

negatively affects the use of EPT

EPT is permissible

EPT is potentially allowable

EPT is prohibited

EPT is permissible in 41 states:	EPT is potentially allowable in 7 states:	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/.

File Formats Help:

How do I view different file formats (PDF, DOC, PPT, MPEG) on this site?

Page last reviewed: June 23, 2017
Page last updated: July 3, 2017
Content source:
- Division of STD Prevention, National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention, Centers for Disease Control and Prevention