I. Statutes/regs on health care providers’ authority
to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation) |
Certain
health care providers are authorized to dispense or otherwise provide
certain antibiotic therapy to certain partners of patients diagnosed
with certain sexually transmitted diseases without making a certain physical
assessment as part of the Expedited Partner Therapy Pilot Program in
the Baltimore City Health Department
http://mlis.state.md.us/2007RS/chapters_noln/Ch_146_sb0349T.pdf
Physician may only dispense prescription drug to physician’s
patient, unless prescription is a starter dose, sample, or at non-profit
or public health clinic. Md.
Code Ann., Health-Occ. § 12-102.
Note, the above provision does not apply to providing a prescription order
to a patient.
Per Maryland Code of Regulations: Board of Physicians: A licensee
shall dispense prescription drugs only to the patients of the licensee,
and dispense drugs to a patient only when a pharmacy is not conveniently
available to the patient.
http://www.dsd.state.md.us/comar/10/10.13.01.04.htm |
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) |
A physician who prescribes naloxone—a non-controlled substance—to
a patient to give to another heroin user in the event of an overdose would
be subject to criminal prosecution and disciplinary action for aiding unauthorized
practice of medicine and for violating applicable laws. 88 Op. Att’y
Gen. Md. 03-009 (2003).
No single State law specifies the contents of a valid prescription.
However, the necessary elements of a prescription may be inferred from
statutes that govern the dispensing and labeling of prescription drugs.
Generally, a prescription will include the identity of the patient….
See Annotated Code of Maryland, Health Occupations Article,
§
12-504 (circumstances under which pharmacist may substitute generically
equivalent drug of "same dosage form and strength" for specified
brand name drug); Health- General Article § 21-221(a) ("if
stated in the prescription," a dispensed drug must be labeled with
the name of the patient, any directions for use, and any cautionary statements);
01 Op. Att’y Gen. Md. 01-026 (2001).
The Maryland Board of Physician Quality Assurance expressed concern
about internet prescribing. It questioned the existence of a bona fide
doctor/patient relationship when a person, previously unknown to the
physician, provides subjective answers to questions via an online questionnaire
and the physician provides prescriptions medications.
[Link to Pharmacy Board Newsletter]
The Maryland Board of Physicians suspended the license of a physician
pursuant to a Consent Order of the North Carolina Board sanctioning the
physician for authorizing prescriptions without a physical examination
and without any prior physician-patient relationship.
[Listing of Medical Board sanctions] |
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) |
The secretary or health officer shall take any action necessary to
prevent the spread of a communicable disease and shall issue special instructions,
when necessary, for the control of a disease or condition. Code of Maryland
Regulations
§
10.06.01.06.
Regulations
incorporate by reference: APHA CCD Manual, 17th Edition, 2000, except
where such recommendations conflict with health regulations.
Code
of Maryland Regulations §§
10.06.01.01-1, 10.06.01.07. |
VI. Prescription requirements (Explanation) |
Prescription need not bear patient’s name. However if name
is provided on prescription, label must bear the name of the patient. Md.
Code Ann., Health-Gen. § 21-221. |
VII. Assessment of EPT’s legal status with brief comments (Explanation) |
EPT
is potentially allowable in Maryland.
Statutory law does not preclude the administration of prescription drugs
to a patient for use by partners. The medical and pharmacy boards are
reluctant to support prescriptions issued outside of a bona fide physician
patient relationship. The MDHMH Secretary or health officer may take
actions necessary to prevent the spread of a communicable disease (which
is not limited to exigencies). As well, APHA’s CCD Manual is incorporated
by reference. circumstances.
EPT
is permissible in Baltimore, Maryland.
Certain health care providers are authorized to dispense or otherwise
provide certain antibiotic therapy to certain partners of patients diagnosed
with certain sexually transmitted diseases without making a certain physical
assessment as part of the Expedited Partner Therapy Pilot Program in
the Baltimore City Health Department Code
of Maryland Regulations §10.06.01.17
|
Status as of August 22,
2006 |