I. Statutes/regs on health care providers’ authority
to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation) |
“A prescription means a written order [– by or on
behalf of] – a person in the legal exercise of medicine.” 20
L.P.R.A. § 382 (Ley Num. 282 del 15 de mayo del 1945, Sec. 3). Under
the most likely interpretation of the existing version in Spanish, the
meaning of the term “person” signifies a class of persons
who are the recipients of the drugs.
“A Tribunal can revoke the license of a physician that employs
or delegates the authority to unauthorized persons to perform acts that
can only be legally executed by authorized persons in the practice of
medicine.” 20 L.P.R.A. § 52 (Ley Num. 22 del abril de 1931)
Art. 17(e)(9). |
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) |
The practice of telemedicine is governed by a regulation that speaks
to the authority of physicians to treat individuals that they do not physically
examine.
Exposicion de motivos, P. del S. 612
Ley 227, 1998.
“The doctor should obtain verbal and written informed consent
for the patient prior to the provision of services.” Article
8 P. del S. 612 Ley 227, 1998. |
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) |
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VII. Assessment of EPT’s legal status with brief comments (Explanation) |
EPT is potentially allowable.
The need to obtain verbal and written informed consent suggests that
a physician does not need to perform a physical exam prior to issuing
a prescription. Statutory ambiguities suggest that the recipient of a
prescription may include a patient’s partner. At the same time,
statutory authority prohibits the delegation of tasks reserved to individuals
licensed to practice medicine.
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Status as of August 16, 2006 |