Legal Status of EPT in Pennsylvania

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

[+] A prescription means a written or oral order issued by a duly licensed medical practitioner in the course of his professional practice …which is dispensed for use by a consumer.” 63 Penn. Stat. § 390-2(8); see also 49 Pa. Code. § 27.1

[+] “Notwithstanding any other provision of law or regulation, a health care practitioner may issue a prescription for or personally furnish antibiotics to treat sexually transmitted infections, without having examined the individual for whom the drug is intended, in accordance with the Expedited Partner Therapy in the Management of Sexually Transmitted Diseases guidance document issued by the United States Centers for Disease Control and Prevention…” 35 Penn. Stat. § 603.

II. Specific judicial decisions concerning EPT (or like practices)

III. Specific administrative opinions by the Attorney General or medical or pharmacy boards concerning EPT (or like practices)

IV. Laws that incorporate via reference guidelines as acceptable practices (including EPT)

V. Prescription requirements

[+] Pharmacist dispensing means “preparation of a prescription or non-prescription drug…for subsequent administration to or use by a patient or other individual entitled to receive the drug.” 63 Penn. Stat. § 390-2(2.1).

[+] “Notwithstanding any other provision of law or regulation, a pharmacist may: (1) Dispense a drug pursuant to a prescription [for EPT,] (2) Label a drug dispensed pursuant to the prescription without the name of the individual for whom the drug is intended if the prescription contains the words “expedited partner therapy” or the letters ‘EPT.’” 35 Penn. Stat. § 604.

VI. Assessment of EPT’s legal status with brief comments

EPT is permissible. Statutory authority expressly authorizes certain providers to provide EPT in accordance with CDC recommendations.