I. Statutes/regs on health care providers’ authority
to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation) |
W.Va. regulation defines as unprofessional conduct: “A practice
of providing treatment recommendations relating to issuing prescriptions,
via electronic or other means, for persons without establishing an on-going
physician-patient relationship wherein the physician has obtained information
adequate to support the prescription.” 11
CSR Reg. 1A-12.2(k). |
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) |
Labels for legend drugs dispensed by a physician must contain patient’s
name.
W. Va. Code R. § 11-5-8.3(b).
Pharmacists are prohibited from dispensing prescription orders when
s/he has knowledge that the prescription was issued without a physician-patient
relationship. W.
Va. Code § 30-5-3.
Pharmacists, druggists, and any other non-physician are prohibited
from dispensing, selling, distributing, or prescribing medication for
the treatment of STDs without a written prescription or order from a
licensed physician and the order is written for the person for whom the
prescription is intended.
W.
Va. Code § 16-4-24
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VII. Assessment of EPT’s legal status with brief comments (Explanation) |
EPT is likely prohibited.
Statutory authority requires a physician patient relationship prior
to prescribing medications. Pharmacists are also precluded from dispensing
drugs where the intended recipient is not the patient identified on the
prescription.
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Status as of August 16, 2006 |