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Sexually Transmitted Diseases

Legal Status of EPT - Kentucky

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 Any person infected, or reasonably suspected of being infected, with an STD shall undergo such medical examination as is necessary to determine the existence or nonexistence of diagnosis, and if found to be infected, shall submit to treatment. 902 Ky. Admin. Regs. 2:080.

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 …if a nurse or other person is dispensing any sort of prescription drug without the immediate supervision of a pharmacist or physician then they would be in direct violation of the prohibitions against such activity. KRS 315.020(1)(2)
1978 Ky. AG LEXIS 286 (OAG 78-450)
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) plus sign Label not required to have patient name. KRS 217.015 (26); see also KRS 217.065 (2), 217.065 (6), and 217.065 (11)(b).

minus symbol Under the Food, Drug, and Cosmetic Act, “dispense” means to “deliver a drug…to an ultimate user…by or pursuant to the lawful order of a practitioner….” KRS 217.015(9);

plus sign Occupations and Professions Code on Pharmacists, which defines “dispense” as delivering a drug “to or use by a patient or other individual entitled to receive the prescription drug.” KRS 315.010

minus symbol Pharmacists must create and maintain patient information, including name address, age, list of all prescriptions from the last 12 months, etc., and give counseling to the patient to optimize drug therapy, as appropriate.
201 KAR 2:210; see also KRS 315.191(1), (5), (6), 42 C.F.R. Part 456

VII. Assessment of EPT’s legal status with brief comments (Explanation)

prohibited EPT is likely prohibited.

Physicians are precluded from prescribing drugs for an STD without conducting a physical exam. Physicians may not delegate their authority to dispense drugs to any other person. Pharmacists must ensure that all drugs are dispensed to an ultimate user (which may not include partners of the patient).

 

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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Alabama
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Arkansas
California
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Connecticut
Delaware
District of Colombia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
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Montana
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Nevada
New Hampshire
New Jersey
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Ohio
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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