I. Statutes/regs on health care providers’ authority
to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation) |
The health dept or its authorized representatives may examine
or cause to be examined anyone suspected of having an STD, and if found
to have the disease, that person shall be treated. Fla.
Stat. Ann. § 384.27.
Physicians and physician assistants barred from practicing telemedicine,
which includes prescribing drugs or treatment based solely upon electronic
communication. Prior examination and diagnostic evaluation required.
Fla. Admin.
Code Ann. r. 64B8-9.014. |
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) |
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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) |
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VI. Prescription requirements (Explanation) |
The name of the patient for whom the drug was ordered must be on
the label affixed to the container. Fla.
Stat. Ann. § 465.186. Pharmacist prohibited from dispensing prescription if there is reason
to believe the prescription is not supported by physician-patient relationship
or prior evaluation. Fla.
Stat. Ann. § 465.023.
Florida pharmacy rules provide that
“
(1) Prescribing medications based solely on an electronic medical questionnaire
constitutes the failure to practice medicine with that level of care,
skill, and treatment which is recognized by reasonably prudent physicians
as being acceptable under similar conditions and circumstances, as well
as prescribing legend drugs other than in the course of a physician’s
professional practice,” and prohibit prescriptions absent “(2)(a)
a documented patient evaluation, including history and physical examination
to establish the diagnosis for which any legend drug is prescribed.”
Florida Admin. Code Chapt. 64B8-9.014 |
VII. Assessment of EPT’s legal status with brief comments (Explanation) |
EPT is likely prohibited.
Individuals with STDs must undergo a physical exam prior to receiving
treatment. Pharmacists are precluded from dispensing a drug to any individual
who may receive the drug who has not received a physical examination. |
Status as of August 16, 2006 |