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Sexually Transmitted Diseases

Legal Status of EPT - Massachusetts

potentially allowable EPT is potentially allowable.

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

 

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) minus symbol In 2003, the Board of Registration in Medicine issued a policy on internet prescriptions, providing that “to satisfy the requirement that a prescription be issued by a practitioner in the usual course of his professional practice, there must be a physician-patient relationship that is for the purpose of maintaining the patient’s well-being and the physician must conform to certain minimum norms and standards for the care of patients, such as taking an adequate medical history and conducting an appropriate physical and/or mental status examination and recording the results.” It concluded that issuance of a prescription “by any means, including the internet,…that does not meet these requirements is therefore unlawful.” Note that the Board did not clarify, in citing a statutory provision on prescriptions for controlled substances, whether its position on issuing prescriptions without an exam also applies to the issuance of non-controlled substances.
[Link to Massachusetts Board Opinion]
IV. Legislative bills or prospective regulations concerning EPT (or like practices) (Explanation) Bill introduced to legalize EPT for Chlamydia. Status: introduced (not passed). S.B. 650 183rd Sess. (Ma. 2003).
V. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation)  
VI. Prescription requirements (Explanation) minus symbol Dispensing means “the physical act of delivery a drug…to an ultimate user.” 247 CMR 2.00
VII. Assessment of EPT’s legal status with brief comments (Explanation)

potentially allowable EPT is potentially allowable.

Statutory law does not preclude EPT, although the medical board requires that a physician conduct an appropriate physical exam and establish a physician patient relationship prior to issuing prescriptions. The 2003 introduction of a bill to legalize EPT for the treatment of chlamydia suggests support for the practice of EPT.

 

Status as of August 16, 2006
Legend:  
plus sign supports the use of EPT permissible EPT is permissible
minus symbol negatively affects the use of EPT potentially allowable EPT is potentially allowable
  prohibited EPT is prohibited

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Summary Totals

Exception: EPT is permissible in Baltimore, Maryland.

Page last modified: December 13, 2007
Page last reviewed: December 13, 2007

Content Source: Division of STD Prevention, National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention