I. Statutes/regs on health care providers’ authority
to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation) |
Health Department may authorize physician to write standing order
prescriptions without patient name or date for treatment of STDs to be
filled out and delivered to patient by nurse. Utah
Code Ann. § 58-17b-620. |
II. Specific judicial decisions concerning EPT (or like practices) (Explanation) |
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III. Specific administrative opinions by the Attorney General
or medical or pharmacy boards concerning EPT (or like practices) (Explanation) |
Dentist may prescribe fluoride to schoolchildren without prior examination
if he has sufficient contact to ascertain general amount of fluoride in
drinking water. Furthermore, “[i]t is not necessary for the existence
of a practitioner-patient relationship that the patient has previously
undergone treatment by the practitioner nor that the patient has a continuing
relationship with the practitioner.” Utah Op. Att’y Gen. No.
77-017 (1977). |
IV. Legislative bills or prospective regulations concerning EPT
(or like practices) (Explanation) |
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V. Laws that incorporate via reference guidelines as acceptable
practices (including EPT) (Explanation) |
Regulations incorporate by reference: APHA’s CCD Manual. 17th
ed., 2000; AAP Red Book, 26th Ed. 2003.
Utah
Admin. Code r. 386-702. |
VI. Prescription requirements (Explanation) |
Prescription order must include patient’s name and address.
Prescription label must bear patient’s name. Utah
Code Ann. § 58-17b-602.
A health department may implement the prescription procedure under
Subsection (3) for prescription drugs, other than controlled substances,
for use in clinics providing: (a) sexually transmitted disease treatment;
(b) fluoride treatment; or (c) travel immunization. [Subsection 3 provides
that] the following prescription procedure shall be carried out…:
(a) a physician writes and signs a prescription for prescription drugs,
other than controlled substances, without the name and address of the
patient and without the date the prescription is provided to the patient;
and (b) the physician authorizes a registered nurse…to complete
the prescription written … by inserting the patient's name and
address, and the date the prescription is provided to the patient, in
accordance with the physician's standing written orders and a written
health department protocol approved by the physician and the medical
director of the state Department of Health.
Utah
Code Ann. § 58-17b-620(2)-(4)
It is considered unlawful conduct for a pharmacist to dispense a
prescription drug “to anyone who does not have a prescription from
a practitioner....”
Utah
Code Ann. § 58-17b-501(10) |
VII. Assessment of EPT’s legal status with brief comments (Explanation) |
EPT is permissible.
Statutory authority expressly allows for anonymous STD treatment. An
attorney general opinion allows for third-party prescriptions without
prior physical examination. EPT, however is only allowed for the treatment
of STDs and cases recognized by official opinions. Outside these cases,
it is unlawful for a pharmacist to dispense drugs for anyone who does
not have a prescription. |
Status as of August 16, 2006 |