I. Statutes/regs on health care providers’ authority
to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation) |
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.
“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) |
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III. Specific administrative opinions by the Attorney General
or medical or pharmacy boards concerning EPT (or like practices) (Explanation) |
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.
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) |
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) |
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) |
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VII. Assessment of EPT’s legal status with brief comments (Explanation) |
EPT
is permissible.
Statutory authority expressly authorizes EPT for the treatment of chlamydia
and gonorrhea.
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Status as of August 1,
2008 |