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

[+] “Providers ordering appropriate medications for persons with laboratory-proven, sexually transmitted diseases” may provide medications to “persons who have been in contact with certain infectious diseases” without a face-to-face encounter. Okla. Admin. Code § 435:10-7-12. (effective 12/2/2013)

[-] Physicians prohibited from prescribing to a patient without sufficient examination or establishing physician/patient relationship. Okla. Stat. tit. 59 § 637*. See Okla. Admin. Code § 435:10-7-12* (“The physician/patient relationship shall include a medically appropriate, timely-scheduled, face-to-face encounter with the patient… except that the following providers are not subject to the face-to-face encounter: … (3) Providers ordering appropriate medications for persons with laboratory-proven, sexually diseases”)

[-] It is unlawful for any person not a physician to treat anyone for an STD, unless that person is under direct control of a physician. Okla. Stat. tit. 63 § 1-521.*

[+] "[A] health care provider who clinically diagnosed a patient with a sexually transmitted infection may provide expedited partner therapy if, in the professional judgment of the health care provider, the patient's sexual partner is unlikely or unable to present for examination, testing, and treatment.” 63 Okl.St.Ann. § 1-522.1. (effective 11/1/2024)

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

[-] Physician misconduct found when physician prescribed to patients without establishing physician-patient relationship or prior examination. State v. Litchfield, 103 P.3d 111 (Okla. Civ. App. 2004)*. State v. Ray, 848 P.2d 46 (Okla. Civ. App. 1992)*.

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

[-] The Oklahoma State Board of Medical Licensure and Supervision determined that “Unprofessional conduct includes “prescribing or administering a drug or treatment without sufficient examination and the establishment of a valid physician/ patient relationship” pursuant to Title 59 O.S. 509-12. Also, a “sufficient examination” and “establishment of a valid physician/patient relationship” can NOT take place without an initial face to face encounter with the patient. In other words, it requires at a minimum: . . .

2. Establishing a diagnosis through the use of accepted medical practices such as a patient history, mental status exam, physical examination and appropriate diagnostic and laboratory testing by the prescribing physician;
3. Discussing with the patient, the diagnosis and the evidence for it, the risks and benefits of various treatment options; and

4. Insuring availability of the physician or coverage for the patient for appropriate follow-up care.”*

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

V. Prescription requirements

[-] Prescription label must bear name of patient. 59 Okl. St § 353.20.1.*

[-] If the name of patient is stated in the prescription, the label must bear the patient’s name. Okla. Stat. tit. 63, § 1-1409.*

[-] “The pharmacy or pharmacist shall not dispense a prescription drug if the pharmacist knows or should have known that the prescription was issued without a valid preexisting patient-practitioner relationship.” Okla. Admin. Code § 535:15-3-13(d)*

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

EPT is permissible.

Statutory authority expressly authorizes EPT for treatment of sexually transmitted infections if, in the professional judgment of the healthcare provider, the patient’s sexual partner is unlikely or unable to present for treatment. Existing prescription requirements may impact EPT’s implementation.