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Legal Status of EPT in Arkansas

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) plus signThe Arkansas State Medical Board exempts “prescriptions written or medications issued for use in expedited heterosexual partner therapy for the sexually transmitted diseases of gonorrhea and/or chlamydia” from its definition of malpractice for physicians. Ark. Admin Code 060.00.1-2(8)(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) plus sign “The Arkansas State Board of Nursing has determined that it is within the scope of practice of the Advanced Practice Nurse (APN) with Prescriptive Authority to prescribe EPT to their patients’ heterosexual partner(s) with suspected gonorrhea and/or chlamydia. The prescription shall be in the partner’s name.”
 
IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation) plus sign The current edition of APHA’s “Control of Communicable Disease in Man” is accepted for applying general control measures for communicable diseases.
Ark. Admin. Code 007.15.2-II.
V. Prescription requirements (Explanation) minus symbol Pharmacist filling a prescription for dispensing to an ultimate patient may affix label showing patient’s name on container, but not required. Ark. Code Ann. § 17-92-505.
VI. Assessment of EPT’s legal status with brief comments (Explanation) plus sign EPT is permissible.

Arkansas State Medical Board regulations exclude EPT from its definition of “malpractice.” A lack of contrary statutory or regulatory provisions suggests that EPT is permissible for physicians treating chlamydia or gonorrhea.
Status as of July 8, 2012

Legend

plus sign supports the use of EPT

minus symbol negatively affects the use of EPT

permissible EPT is permissible

potentially allowable EPT is potentially allowable

prohibited EPT is prohibited

permissible EPT is permissible in 41 states: potentially allowable EPT is potentially allowable in 7 states: prohibited EPT is prohibited in 2 states:
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Mexico
New York
North Carolina
North Dakota
Ohio
Oregon
Pennsylvania
Rhode Island
Tennessee
Texas
Utah
Vermont
Washington
West Virginia
Wisconsin
Wyoming
EPT is permissible in the District of Columbia.		 Alabama
Delaware
Kansas
New Jersey
Oklahoma
South Dakota
Virginia
EPT is potentially allowable in Puerto Rico.		 Kentucky
South Carolina

  

Summary Totals

The information presented here is not legal advice, nor is it a comprehensive analysis of all the legal provisions that could implicate the legality of EPT in a given jurisdiction.  The data and assessment are intended to be used as a tool to assist state and local health departments as they determine locally appropriate ways to control STDs.

For comments, feedback and updates, please contact CDC-INFO: https://www.cdc.gov/cdc-info/.

 

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