I. Statutes/regs on health care providers’ authority
to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation) |
|
II. Specific judicial decisions concerning EPT (or like practices) (Explanation) |
|
III. Specific administrative opinions by the Attorney General
or medical or pharmacy boards concerning EPT (or like practices) (Explanation) |
It is unprofessional conduct [pursuant to Tex.
Occ. Code § 164.053]
for a physician to initially prescribe any dangerous drugs or controlled
substances without first establishing a proper physician-patient relationship.
A proper relationship, at a minimum, requires:…(2) establishing a
diagnosis through the use of accepted medical practices such as a patient
history, mental status exam, physical examination and appropriate diagnostic
and laboratory testing….” [Link to Medical Board Opinion] |
IV. Legislative bills or prospective regulations concerning EPT
(or like practices) (Explanation) |
|
V. Laws that incorporate via reference guidelines as acceptable
practices (including EPT) (Explanation) |
|
VI. Prescription requirements (Explanation) |
Prescription must bear patient’s name and address. Tex.
Occ. Code Ann. § 157.056, 563.052; see also § 164.054 (2)
“A pharmacist may not dispense a prescription drug if the
pharmacist knows or should have known that the prescription was issued…without
a valid patient-practitioner relationship.”
Tex. Occ. Code ยง 562.056a |
VII. Assessment of EPT’s legal status with brief comments (Explanation) |
EPT is potentially allowable.
While the medical board conditions the issuance of prescriptions on
a “proper physician-patient relationship, its analyses may be limited
in two ways: (1) it applies only to “dangerous drugs” or “controlled
substances,” (which does not likely include typical antibiotics
used to treat diseases recommended for EPT; and (2) the statute cited
requires that prescriptions should be given in a manner “consistent
with public health.” This statutory provision suggests that EPT
may be possible if consistent with protecting the public’s health.
However, no national STD or communicable disease standards are incorporated
by reference in the state via statute or regulation.
|
Status as of August 16, 2006 |