At a glance
EPT is permissible in West Virginia as of May 16, 2016.
Findings
[+] supports the use of EPT
[-] negatively affects the use of EPT
I. Statutes/regs on health care providers’ authority to prescribe for STDs to a patient’s partner(s) w/out prior evaluation
[+] “Notwithstanding any other provision of law to the contrary, a health care professional who makes a clinical diagnosis of a sexually transmitted disease may provide expedited partner therapy for the treatment of the sexually transmitted disease if, in the judgment of the health care professional, the sexual partner is unlikely or unable to present for comprehensive health care, including evaluation, testing and treatment for sexually transmitted diseases.” W. Va. Code, § 16-4F-2. (effective 5/16/2016)
[-] “The Board may deny an application for a license, place a licensee or credential holder on probation, suspend a license or credential, limit or restrict a license or credential or revoke any license or credential upon satisfactory proof that the licensee or credential holder has: […] A practice of providing treatment recommendations relating to issuing prescriptions, via electronic or other means, for persons without establishing an on-going provider-patient relationship…” W. Va. Code R. § 11-1A-12.
[-] “The Board may deny an application for a license, place a licensee or credential holder on probation, suspend a license or credential, limit or restrict a license or credential or revoke any license or credential upon satisfactory proof that the licensee or credential holder has: […] A practice of providing treatment recommendations relating to issuing prescriptions, via electronic or other means, for persons without establishing an on-going provider-patient relationship…” W. Va. Code R. § 11-1A-12.
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
[-] Labels for drugs dispensed by a physician must contain patient’s name. W. Va. Code St. R. § 11-5-6.*
[+] A pharmacist may not compound or dispense any prescription order when he or she has knowledge that the prescription was issued by a practitioner without establishing a valid practitioner-patient relationship… [unless] for the treatment of sexually transmitted diseases by expedited partner therapy as set forth in article four-f, chapter sixteen of this code…” W. Va. Code, § 30-5-14.
[+] A pharmacist may not compound or dispense any prescription order when he or she has knowledge that the prescription was issued by a practitioner without establishing a valid practitioner-patient relationship… [unless] for the treatment of sexually transmitted diseases by expedited partner therapy as set forth in article four-f, chapter sixteen of this code…” W. Va. Code, § 30-5-14.
VI. Assessment of EPT’s legal status with brief comments
EPT is permissible. Statutory authority expressly authorizes health care professionals to provide EPT for the treatment of sexually transmitted disease. Pharmacists are precluded from dispensing drugs where the intended recipient is not the patient identified on the prescription.
* This legal authority predates the effective date of the state’s law that authorizes EPT.