| I. Statutes/regs on health care providers’ authority
to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation) |
 “It is unprofessional conduct for a physician to prescribe
drugs to an individual without establishing a proper physician
patient relationship. A proper relationship, at a minimum, requires that
the physician make an informed medical judgment based on the circumstances
of the situation and on his/her training and experience. This will require
that the physician: (1) Personally perform an appropriate history and physical
examination, make a diagnosis, and formulate a therapeutic plan. . . ;
(2) Discuss with the patient the diagnosis and the evidence for it, and
the risks and benefits of various treatment options; and (3) Insure the
availability of the physician or coverage for the patient for appropriate
follow up care.
C. Prescribing drugs to individuals the physician has never met based solely
on answers to a set of questions, as is common in Internet or telephone
prescribing, is inappropriate and unprofessional.”
S.C. Admin. Reg.
Chapt. 81, Art. 1 § 81-28
|
| II. Specific judicial decisions concerning EPT (or like practices) (Explanation) |
Revocation of physician’s license upheld based on Board’s
finding (among other charges) that physician wrote prescriptions outside
of physician-patient relationship. Gale v. State Bd. of Med. Examiners,
320 S.E.2d 25 (S.C. Ct. App. 1984). |
| 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) |
 Regulations incorporated by reference include but are not limited
to: (1) APHA’s CCD Manual, most current edition;
(2) AAP’s "Red Book," most current edition; and (3) when
necessary, the health department shall adopt other accepted national public
health recommendations such as CDC guidelines, or make other policies as
needed.
S.C. Code Ann. Regs. 61-20 |
| VI. Prescription requirements (Explanation) |
Prescription drug order requires full name and address of patient.
S.C. Code Ann. § 40-43-86. However, prescription label need not bear
patient’s name unless the prescription order does so. S.C.
Code Ann. § 39-23-50.
Pharmacists may compound medications for an individual patient based
on the “existence of a pharmacist/patient/practitioner relationship
and the presentation of a valid prescription….”
S.C. Code of Laws
tit. 40 § 40-43-86(CC)(2)(b) |
| 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 may not knowingly allow a
third-party who was not the physician’s patient to procure a prescription
drug. There is no express indication that the CDC STD Treatment Guidelines
are incorporated by reference, although the incorporation by reference
of the APHA’s CCD Guidelines and other “accepted national
public health recommendations such as CDC guidelines” provides
an opening to reconsider this initial assessment.
|
| Status as of August 16, 2006 |
Exception:
EPT is permissible in Baltimore, Maryland.
EPT
is permissible
EPT
is potentially allowable
