Legal Status of EPT

Legal Status of EPT - Illinois

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)	Concerning physical examination and medical treatment for syphilis, gonorrhea, or chlamydia, if an examination has not taken place, public health authorities shall request individuals to report for examination and complete treatment pursuant to the examination results. Ill. Admin. Code tit. 77, § 693.50(a)(3).
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)	The Attorney General addressed whether non-licensed healthcare practitioners (nursing aids, orderlies, attendants) could dispense medications to patients. The AG concluded that only licensed practitioners (physicians or nurses) could administer medications. 1976 Op. Att’y Gen. Ill. 62
IV. Legislative bills or prospective regulations concerning EPT (or like practices) (Explanation)	SB 2150 amends the Medical Practice Act of 1987 and provides that any person licensed under the Act shall dispense drugs or medicine with a label indicating the name of the patient except in the practice of expedited partner therapy for the treatment of sexually transmissible diseases. SB 2150 was introduced on February 14, 2008.
V. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation)
VI. Prescription requirements (Explanation)	Prescription label must bear patient’s name. 225 Ill. Comp. Stat. 60/33; 225 Ill. Comp. Stat. 85/3 (e). To sell or dispense a prescription drug without a prescription is prohibited. 410 ILCS 620/3.21 A drug may only be dispensed to the patient or the patient’s representative authorized to receive it. 225 ILCS 85/3(m)
VII. Assessment of EPT’s legal status with brief comments (Explanation)	EPT is likely prohibited. Statutory law expressly requires a physical examination of patients seeking treatment of STDs (which likely includes prescription medications).
Status as of February 20, 2008

Legend:
supports the use of EPT	EPT is permissible
negatively affects the use of EPT	EPT is potentially allowable
	EPT is prohibited

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Summary Totals

Exception: EPT is permissible in Baltimore, Maryland.

Page last modified: February 20, 2008
Page last reviewed: February 20, 2008
Content Source: Division of STD Prevention, National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention