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Sexually Transmitted Diseases

Legal Status of EPT - Maryland

potentially allowable EPT is potentially allowable.
permissible EPT is permissible in Baltimore.

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

plus sign Certain health care providers are authorized to dispense or otherwise provide certain antibiotic therapy to certain partners of patients diagnosed with certain sexually transmitted diseases without making a certain physical assessment as part of the Expedited Partner Therapy Pilot Program in the Baltimore City Health Department
http://mlis.state.md.us/2007RS/chapters_noln/Ch_146_sb0349T.pdf

minus symbol Physician may only dispense prescription drug to physician’s patient, unless prescription is a starter dose, sample, or at non-profit or public health clinic. Md. Code Ann., Health-Occ. § 12-102.
Note, the above provision does not apply to providing a prescription order to a patient.

minus symbol Per Maryland Code of Regulations: Board of Physicians: A licensee shall dispense prescription drugs only to the patients of the licensee, and dispense drugs to a patient only when a pharmacy is not conveniently available to the patient.
http://www.dsd.state.md.us/comar/10/10.13.01.04.htm

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) minus symbol A physician who prescribes naloxone—a non-controlled substance—to a patient to give to another heroin user in the event of an overdose would be subject to criminal prosecution and disciplinary action for aiding unauthorized practice of medicine and for violating applicable laws. 88 Op. Att’y Gen. Md. 03-009 (2003).

minus symbol No single State law specifies the contents of a valid prescription. However, the necessary elements of a prescription may be inferred from statutes that govern the dispensing and labeling of prescription drugs. Generally, a prescription will include the identity of the patient…. See Annotated Code of Maryland, Health Occupations Article,
§ 12-504 (circumstances under which pharmacist may substitute generically equivalent drug of "same dosage form and strength" for specified brand name drug); Health- General Article § 21-221(a) ("if stated in the prescription," a dispensed drug must be labeled with the name of the patient, any directions for use, and any cautionary statements); 01 Op. Att’y Gen. Md. 01-026 (2001).

minus symbol The Maryland Board of Physician Quality Assurance expressed concern about internet prescribing. It questioned the existence of a bona fide doctor/patient relationship when a person, previously unknown to the physician, provides subjective answers to questions via an online questionnaire and the physician provides prescriptions medications.
[Link to Pharmacy Board Newsletter]

minus symbol The Maryland Board of Physicians suspended the license of a physician pursuant to a Consent Order of the North Carolina Board sanctioning the physician for authorizing prescriptions without a physical examination and without any prior physician-patient relationship.
[Listing of Medical Board sanctions]

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) plus sign The secretary or health officer shall take any action necessary to prevent the spread of a communicable disease and shall issue special instructions, when necessary, for the control of a disease or condition. Code of Maryland Regulations
§ 10.06.01.06
.

plus sign Regulations incorporate by reference: APHA CCD Manual, 17th Edition, 2000, except where such recommendations conflict with health regulations. Code of Maryland Regulations §§ 10.06.01.01-1, 10.06.01.07.

VI. Prescription requirements (Explanation) plus sign Prescription need not bear patient’s name. However if name is provided on prescription, label must bear the name of the patient. Md. Code Ann., Health-Gen. § 21-221.
VII. Assessment of EPT’s legal status with brief comments (Explanation)

potentially allowable EPT is potentially allowable in Maryland.

Statutory law does not preclude the administration of prescription drugs to a patient for use by partners. The medical and pharmacy boards are reluctant to support prescriptions issued outside of a bona fide physician patient relationship. The MDHMH Secretary or health officer may take actions necessary to prevent the spread of a communicable disease (which is not limited to exigencies). As well, APHA’s CCD Manual is incorporated by reference. circumstances.

permissible EPT is permissible in Baltimore, Maryland.

Certain health care providers are authorized to dispense or otherwise provide certain antibiotic therapy to certain partners of patients diagnosed with certain sexually transmitted diseases without making a certain physical assessment as part of the Expedited Partner Therapy Pilot Program in the Baltimore City Health Department Code of Maryland Regulations §10.06.01.17

 

Status as of August 22, 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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Summary Totals

Exception: EPT is permissible in Baltimore, Maryland.

Page last modified: August 22, 2008
Page last reviewed: August 22, 2008

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