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Legal Status of EPT in Kansas

potentially allowable EPT is potentially allowable.

I. Statutes/regs on health care providers’ authority to prescribe for STDs to a patient’s partner(s) w/out prior evaluation (Explanation)

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 There is no statutory requirement that patients be examined by a physician prior to being given a prescription at a non-profit clinic. However, the need for a physical examination depends on the facts and standards of competent medical practice. XVI Kan. Op. Att’y Gen. 60, No. 82-162 (1982).
IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT) (Explanation)

V. Prescription requirements (Explanation) minus symbol A dispensing physician shall clearly label each drug dispensed. The label shall be typed or machine printed and shall include the following: (b) The full name of the patient. Kan. Admin. Regs. § 100-21-2

minus symbol “Dispense” means “to deliver prescription medication to the ultimate user . . . by or pursuant to the lawful order of a practitioner.” Kan. Stat Ann. § 65-1626
VI. Assessment of EPT’s legal status with brief comments (Explanation) potentially allowable EPT is potentially allowable.

Although physicians may prescribe drugs without conducting a physical exam, a pharmacist may only dispense drugs to an ultimate user (which may not include partners of patients).
Status as of August 16, 2006

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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