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Sexually Transmitted Diseases

Legal Status of EPT - Ohio

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 Physician assistant may not provide treatment for new patients or new conditions in established patients without prior physician evaluation.
Ohio Rev. Code Ann. § 4730.21.

II. Specific judicial decisions concerning EPT (or like practices) (Explanation) minus symbol Physician failed to use reasonable care when she prescribed excessive and extra doses of antibiotic to patient who insisted on giving extra dosage to husband. Reed v. State Med. Bd. Ohio, 833 N.E.2d 814 (Ohio Ct. App. 2005).

minus symbol Physician misconduct for failing to evaluate new patients before prescription given, instead delegating to physician assistant. Royder v. State Med. Bd. Ohio, 2002 WL 31867888 (unreported case).

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 Prescription label must bear patient’s name. Ohio Rev. Code Ann. § 3715.64; see also Ohio Admin. Code § 4729-5-30(B)(4) and http://codes.ohio.gov/oac/4729-5-30.

minus symbol An order purporting to be a prescription issued not in the usual course of bona fide treatment of a patient is not a prescription and the person knowingly dispensing such a purported prescription, as well as the person issuing it, shall be subject to the penalties of law. Ohio Admin. Code § 4729-5-30(A).

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

prohibited 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 would be subject to penalties if they knowingly allow a third-party who was not the physician’s patient to procure a prescription drug.

 

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