I. Statutes/regs on health care providers’ authority
to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation) |
Physician assistant may not provide treatment for new patients
or new conditions in established patients without prior physician evaluation.
Ohio
Rev. Code Ann. § 4730.21. |
II. Specific judicial decisions concerning EPT (or like practices) (Explanation) |
Physician failed to use reasonable care when she prescribed excessive
and extra doses of antibiotic to patient who insisted on giving extra dosage
to husband. Reed v. State Med. Bd. Ohio, 833 N.E.2d 814 (Ohio Ct. App.
2005).
Physician misconduct for failing to evaluate new patients before
prescription given, instead delegating to physician assistant. Royder
v. State Med. Bd. Ohio, 2002 WL 31867888 (unreported case).
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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) |
Prescription label must bear patient’s name. Ohio Rev. Code
Ann. § 3715.64; see also Ohio
Admin. Code § 4729-5-30(B)(4) and http://codes.ohio.gov/oac/4729-5-30.
An order purporting to be a prescription issued not in the usual
course of bona fide treatment of a patient is not a prescription and
the person knowingly dispensing such a purported prescription, as well
as the person issuing it, shall be subject to the penalties of law. Ohio
Admin. Code § 4729-5-30(A).
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VII. Assessment of EPT’s legal status with brief comments (Explanation) |
EPT is likely prohibited.
Statutory authority, case law, and administrative regulations require
a physician to conduct a physical exam prior to prescribing any drugs.
The physician and the dispensing pharmacist would be subject to penalties
if they knowingly allow a third-party who was not the physician’s
patient to procure a prescription drug.
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Status as of August 16, 2006 |