Legal Status of EPT in Virginia

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

[+] “If a practitioner is providing expedited partner therapy consistent with the recommendations of the Centers for Disease Control and Prevention, then a bona fide practitioner-patient relationship shall not be required… Notwithstanding any provision of law to the contrary and consistent with recommendations of the Centers for Disease Control and Prevention or the Department of Health, a practitioner may prescribe Schedule VI antibiotics and antiviral agents to other persons in close contact with a diagnosed patient when (i) the practitioner meets all requirements of a bona fide practitioner-patient relationship, as defined in subsection B, with the diagnosed patient and (ii) in the practitioner’s professional judgment, the practitioner deems there is urgency to begin treatment to prevent the transmission of a communicable disease. In cases in which the practitioner is an employee of or contracted by the Department of Health or a local health department, the bona fide practitioner-patient relationship with the diagnosed patient, as required by clause (i), shall not be required.” Va. Code Ann. § 54.1-3303 (effective 7/1/2023)

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)

[-] “Women’s Health Nurse Practitioners who treat male [partners] for STDs must have authorization for and have received specific training in such practice, as documented in the written protocol between the nurse practitioner and the supervising physician. In addition, any prescription written for STDs shall be issued for a medicinal therapeutic purpose to a person with whom the practitioner has a bona fide practitioner-patient relationship….”*

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

[+] “Regulations incorporate, but are not limited to: “the “Methods of Control” sections of the 20th Edition of the Control of Communicable Diseases Manual (2015) published by the American Public Health Association. The board and commissioner reserve the right to use any legal means to control any disease which is a threat to the public health.” 12 Va. Admin. Code § 5-90-100

V. Prescription requirements

[+] “If the prescriber is providing expedited partner therapy pursuant to § 54.1-3303 and the contact patient’s name and address are unavailable, then “Expedited Partner Therapy” or “EPT” shall be affixed on the written prescription, in lieu of the contact patient’s name and address.” Va. Code Ann. § 54.1-3408.01(A)

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

EPT is permissible. Statutory authority expressly authorizes EPT by exempting it from the requirement that a physical examination occur prior to issuing a valid prescription based on a practitioner-patient relationship.