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Sexually Transmitted Diseases

Legal Status of EPT - Florida

prohibited EPT is likely prohibited.

I. Statutes/regs on health care providers’ authority to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation)

minus symbol 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.

minus symbol 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)  
III. Specific administrative opinions by the Attorney General or medical or pharmacy boards concerning EPT (or like practices) (Explanation)  
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) minus symbol 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.

minus symbol 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.

minus symbol 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)

prohibited 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
Legend:  
plus sign supports the use of EPT permissible EPT is permissible
minus symbol negatively affects the use of EPT potentially allowable EPT is potentially allowable
  prohibited EPT is prohibited

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This area depicts a map of the United States with clickable regions. The regions are also listed in the table below.

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Colombia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Summary Totals

Exception: EPT is permissible in Baltimore, Maryland.

Page last modified: December 13, 2007
Page last reviewed: December 13, 2007

Content Source: Division of STD Prevention, National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention