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Legal Status of EPT in West Virginia

 

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 symbol “Notwithstanding any other provision of law to the contrary, a health care professional who makes a clinical diagnosis of a sexually transmitted disease may provide expedited partner therapy for the treatment of the sexually transmitted disease if, in the judgment of the health care professional, the sexual partner is unlikely or unable to present for comprehensive health care, including evaluation, testing and treatment for sexually transmitted diseases.” W. Va. Code, § 16-4F-2.

minus symbol W.Va. regulation defines as unprofessional conduct: “A practice of providing treatment recommendations relating to issuing prescriptions, via electronic or other means, for persons without establishing an on-going physician-patient relationship wherein the physician has obtained information adequate to support the prescription.” W. Va. Code R. § 11-01A-12.2(k).
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 Labels for legend drugs dispensed by a physician must contain patient’s name. W. Va. Code R. § 11-5-8.3(b).

minus symbol Pharmacists are prohibited from dispensing prescription orders when s/he has knowledge that the prescription was issued without a physician-patient relationship. W. Va. Code, § 30-5-14.

minus symbol Pharmacists, druggists, and any other non-physician are prohibited from dispensing, selling, distributing, or prescribing medication for the treatment of STDs without a written prescription or order from a licensed physician and the order is written for the person for whom the prescription is intended. W. Va. Code § 16-4-24
VI. Assessment of EPT’s legal status with brief comments (Explanation) permissible EPT is permissible.

Statutory authority expressly authorizes health care professionals to provide EPT for the treatment of sexually transmitted disease. Pharmacists are precluded from dispensing drugs where the intended recipient is not the patient identified on the prescription.
Status as of May 16, 2016

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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