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Sexually Transmitted Diseases

Legal Status of EPT - Iowa

permissible EPT is permissible.

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 Local board shall cause an examination of any person suspected of having an STD, and if found to have one, that person shall be subjected to treatment. Iowa Code Ann. § 139A.34.

plus sign “This chapter does not prevent a practitioner from delegating the administration of a prescription drug to a nurse, intern or other qualified individual… under the practitioner's direction and supervision." Iowa Code § 155A.4(2)(c)

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 The Attorney General reviewed Iowa Code § 155.30, which provides that “Any person who sells or offers for sale, gives away or administers to another person any prescription drug shall be deemed guilty of…a public offense,” but this shall not preclude “a licensed practitioner of medicine, dentistry, nursing…from such acts necessary in the ethical and legal performance of his profession.” 1977-78 Op. Att’y Gen. Iowa 889. A court found this provision vague and unworkable as applied to these practitioners. State v Webb, 156 N.W. 2d 299. The AG ultimately opined that the legislative intent of the statute ensures that unlicensed individuals cannot administer prescription drugs without a prescription. 156 N.W. 2d at 301.

plus sign The AG addressed whether a physician had to be present while his or her agent (e.g., pharmacist) administered a prescription drug. The AG concluded “that supervision of an agent who is administering a prescription drug under the Iowa Pharmacy Practice Act does not necessarily require the physical presence of a physician. 2000 Iowa AG LEXIS 44.’ While the AG concluded that its opinion was consistent with proposed rules proffered by the Iowa Board of Pharmacy Examiners and the Board of Medical Examiners, it also noted that it is not attempting to determine who is medically qualified to administer prescription drugs or what constitutes adequate supervision among health care professionals.

IV. Legislative bills or prospective regulations concerning EPT (or like practices) (Explanation) plus sign HF 2486 and SF 2177 adds new section 12 139A.41 on Chlamydia and Gonorrhea to permit EPT. HF 2486 was filed March 4, 2008 and SF 2177 was filed February 14, 2008. Legislation passed and was signed by governor April 11, 2008. The legislation is effective July 1, 2008. History of the bill.
V. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation) plus sign Local boards of health can make and enforce such necessary laws not inconsistent with the law or with the rules of the state board. Iowa Code Ann. § 137.6.
VI. Prescription requirements (Explanation)  
VII. Assessment of EPT’s legal status with brief comments (Explanation)

permissible EPT is permissible.

Statutory authority expressly authorizes EPT for the treatment of chlamydia and gonorrhea.

 

Status as of August 1, 2008
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
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: August 1, 2008
Page last reviewed:August 1, 2008

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