reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1171. Louisiana Board of Pharmacy; creation

RS 37:1171 - Louisiana Board of Pharmacy; creation
The Louisiana Board of Pharmacy is hereby created within the Louisiana Department of Health and is subject to the provisions of R.S. 36:803. The board shall carry out the purposes and enforce the provisions of this Chapter.
Acts 1999, No. 767, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1172. Membership

RS 37:1172 - Membership
A. The board shall consist of seventeen members appointed by the governor, including two licensed pharmacists from each of the pharmacy districts as provided in R.S. 37:1173 and one representative of the consumers of Louisiana from the state at-large who possess the qualifications specified in R.S. 37:1174. The governor shall ensure that his appointments demonstrate race, gender, ethnic, and geographical diversity.
B. Each appointment by the governor shall be subject to Senate confirmation.
Amended by Acts 1970, No. 372, §1; Acts 1977, No. 684, §13. Acts 1984, No. 875, §1, eff. July 20, 1984; Acts 1987, No. 824, §1; Acts 1989, No. 212, §1, eff. July 28, 1990; Acts 1991, No. 5, §1, eff. Jan. 13, 1992; Acts 1993, No. 252, §1, eff. June 2, 1993; Acts 1999, No. 767, §1; Acts 2018, No. 515, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1173. Pharmacy districts

RS 37:1173 - Pharmacy districts
The pharmacy districts shall be comprised of the following parishes:
(1) District One shall be comprised of the parishes of Jefferson and St. Tammany.
(2) District Two shall be comprised of the parishes of Orleans, Plaquemines, and St. Bernard.
(3) District Three shall be comprised of the parishes of Ascension, Assumption, Iberia, Iberville, Lafourche, St. Charles, St. James, St. John the Baptist, St. Martin, St. Mary, Terrebonne and West Baton Rouge.
(4) District Four shall be comprised of the parishes of Bienville, Bossier, Caddo, Claiborne, DeSoto, Natchitoches, Red River, Sabine and Webster.
(5) District Five shall be comprised of the parishes of Caldwell, East Carroll, Franklin, Jackson, Lincoln, Madison, Morehouse, Ouachita, Richland, Tensas, Union, West Carroll, and Winn.
(6) District Six shall be comprised of the parishes of East Baton Rouge, East Feliciana, Livingston, St. Helena, Tangipahoa, Washington, and West Feliciana.
(7) District Seven shall be comprised of the parishes of Acadia, Calcasieu, Cameron, Jefferson Davis, Lafayette, and Vermilion.
(8) District Eight shall be comprised of the parishes of Allen, Avoyelles, Beauregard, Catahoula, Concordia, Evangeline, Grant, LaSalle, Pointe Coupee, Rapides, St. Landry, and Vernon.
Amended by Acts 1966, No. 197, §1; Acts 1970, No. 372, §1; Acts 1984, No. 875, §1, eff. July 20, 1984; Acts 1987, No. 824, §1; Acts 1989, No. 212, §1, eff. July 28, 1990; Acts 1992, No. 801, §1; Acts 1993, No. 46, §1, eff. May 24, 1993; Acts 1993, No. 252, §1, eff. June 2, 1993; Acts 1999, No. 767, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1174. Qualifications

RS 37:1174 - Qualifications
A. Each pharmacist member of the board shall at the time of appointment:
(1) Be a resident of this state for not less than six months.
(2) Be currently licensed to engage in the practice of pharmacy in this state.
(3) Be actively engaged in the practice of pharmacy in this state and may practice in and own a Louisiana-permitted pharmacy.
(4) Have two years of experience in the practice of pharmacy in this state after licensure.
(5) Shall not have been convicted of a felony.
(6) Shall not have been placed on probation by the board.
B.(1) The consumer member of the board shall possess all of the following qualifications:
(a) Is a citizen of the United States and has been a resident of Louisiana for at least one year immediately prior to appointment.
(b) Has attained the age of majority.
(c) Has never been licensed by any of the licensing boards identified in R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a board identified in R.S. 36:259(A).
(d) Has never been convicted of a felony.
(e) Does not have and has never had a material financial interest in the healthcare profession.
(2) The consumer member shall be a full voting member of the board with all rights and privileges conferred on board members, except that the consumer member shall not participate in the grading of individual examinations.
Acts 1999, No. 767, §1; Acts 2018, No. 515, §2; Acts 2019, No. 52, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1175. Appointment process; vacancies

RS 37:1175 - Appointment process; vacancies
A. The governor shall appoint the members of the board in accordance with other provisions of this Section and the state constitution.
B. When a vacancy occurs in the membership of the board representing one of the eight districts for any reason, including expiration of term, removal, resignation, death, disability, or disqualification, the following nominating process shall be satisfied:
(1) The pharmacist making the nomination shall be a resident of the district where the vacancy occurs.
(2) The pharmacist nominee shall be a resident of the district where the vacancy occurs.
(3) Nomination ballots shall be returned to the board office at least sixty days prior to a vacancy occurring by an expiring term.
(4) Nomination ballots shall be returned to the board office at least thirty days following a vacancy occurring by death, resignation, inability to act, or other cause.
(5) The nominee shall not have been convicted of a felony.
(6) The nominee shall not have been placed on probation by the board.
C. When the vacancy in question involves the consumer representative, the governor shall fill the vacancy at his pleasure without following the procedure set forth in Subsection B of this Section, provided the consumer representative meets the requirements for such member specified in this Section.
D. The secretary of the board shall be charged with the duty of forwarding to each licensed pharmacist, by United States mail, to the last known address indicated in the board's records, a nomination ballot. The ballot, or an accompanying communication, shall indicate the date, time, and place, for the counting of ballots. At a gathering open to the public, the ballots shall be counted openly by the secretary or by one or more individuals designated by the president. The secretary shall certify to the governor the names of the three nominees receiving the highest number of nominations. From the names submitted to him in this manner, the governor may select and appoint one eligible individual to fill the vacancy in question.
E. In the absence of the secretary, or in the event of his inability or failure to act, the duties of the secretary with respect to the mailing and counting of ballots and the certification to the governor shall be performed by the president of the board.
F. The successor to each member of the board appointed from a pharmacy district shall be appointed from the district having the same number designation as the district from which the member who is being replaced was appointed.
G. Each member of the board appointed from a district to fill a vacancy occurring by death, resignation, inability to act, or other cause, shall serve for the remainder of the term of his predecessor.
Acts 1984, No. 875, §1, eff. July 20, 1984; Acts 1989, No. 212, §1, eff. July 28, 1990; Acts 1991, No. 5, §1, eff. Jan. 13, 1992; Acts 1999, No. 767, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1176. Removal

RS 37:1176 - Removal
A. A board member may be removed upon one or more of the following grounds:
(1) The refusal or inability for any reason to perform his duties as a member of the board in an efficient, responsible, and professional manner.
(2) The misuse of office to obtain personal, pecuniary, or material gain or advantage for himself or another through such office.
(3) The violation of the laws governing the practice of pharmacy or the distribution of drugs or devices.
B. Removal of a member of the board shall be in accordance with the Administrative Procedure Act or other applicable laws.
C. The governor may remove any member of the board for good cause.
Amended by Acts 1974, No. 691, §1; Acts 1999, No. 767, §1; Acts 2022, No. 271, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1177. Terms

RS 37:1177 - Terms
A. Except as provided in R.S. 37:1175, pharmacist members of the board shall be appointed for a term of six years, beginning on July first of the year in which the appointment is made.
B. The terms of the pharmacist members of the board shall be staggered, so that the terms of no more than six pharmacist members shall expire in any year. Each member shall serve until a successor is appointed and qualified.
C. The at-large consumer representative shall serve at the pleasure of the governor.
Acts 1999, No. 767, §1; Acts 2012, No. 233, §1, eff. May 22, 2012.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1178. Compensation of board members

RS 37:1178 - Compensation of board members
A. In accordance with the fee schedule provided in R.S. 37:1184, members of the board shall receive a per diem.
B. Notwithstanding the provisions of R.S. 39:231, the members of the board may be reimbursed for actual and reasonable expenses approved by the board in connection therewith while attending regular or called board meetings or attending to official business of the board.
Amended by Acts 1980, No. 307, §1; Acts 1999, No. 767, §1; Acts 2003, No. 1052, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1179. Organization

RS 37:1179 - Organization
A. The board shall elect from its members a president, secretary, and one or more vice presidents. The president of the board shall preside at all meetings of the board and shall be responsible for the performance of all duties and functions of the board required or permitted by this Chapter. Each additional officer elected by the board shall perform those duties normally associated with his position and such other duties assigned to him by the board.
B. Officers elected by the board shall serve terms commencing with the day of their election and ending upon election of their successors.
C. Any officer may be removed from office by majority vote of the board, for proper cause after due notice and an opportunity to be heard.
D. The president of the board or, in his absence, the highest-ranking vice president, shall preside at all meetings. The president of the board is the executive officer of the board.
E. The president or the secretary of the board may administer oaths in connection with the duties of the board.
F. The executive director shall be a licensed pharmacist under the provisions of this Chapter and shall not serve concurrently as a member of the board. The executive director shall be in charge of the daily operations of the office of the board. The executive director's responsibilities include, but are not limited to, the following:
(1) Shall furnish a bond in an amount to be fixed by the board, conditioned upon the faithful performance and discharge of the duties of his office according to law.
(2) Shall receive a salary fixed by the board, and all necessary expenses incurred in the performance of his official duties.
(3) Make disbursements by check, voucher, or any other reasonable means deemed appropriate by the board and as authorized by the president and the executive director.
(4) Attend to the correspondence, and perform such other duties as the board may reasonably require.
(5) Make, keep, and preserve all books, registers, and records, and be in charge of same, and deliver them to his successor in office.
(6) If so authorized by the board, supervise and direct the activities of the board's inspectors and investigators, direct and supervise the clerical personnel appointed to assist the board, and undertake other duties as directed by the board with the aid of clerical personnel as necessary for the fulfillment of his duties and responsibilities.
(7) Receive and receipt for all fees collected.
Acts 1999, No. 767, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1180. Meetings

RS 37:1180 - Meetings
A. The board shall meet at least once every twelve months to transact its business. The board shall meet as it deems appropriate. Such additional meetings may be called by the president of the board or by two-thirds of the members of the board.
B. The board shall meet at such place determined prior to giving notice of such meeting and the place of the meeting shall not be changed after such notice is given without adequate prior notice.
C. Notice of all meetings of the board shall be given in the manner and pursuant to requirements prescribed by the Administrative Procedure Act.
D. A simple majority of the members of the board shall constitute a quorum for the conduct of a board meeting and, except where a greater number is required by this Chapter or by any rule of the board, all actions of the board shall be approved by a majority of a quorum.
E. All board meetings and hearings shall be open to the public. The board may, in its discretion and according to law, conduct any portion of its meeting in executive session, closed to the public.
Acts 1999, No. 767, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1201. Unlawful practice

RS 37:1201 - Unlawful practice
A. Except as otherwise provided in this Chapter, it shall be unlawful for any individual to engage in the practice of pharmacy unless currently licensed or registered to practice under the provisions of this Chapter.
B. Licensed practitioners authorized under the laws of this state to compound drugs and to dispense drugs to their patients in the practice of their respective professions shall meet the same standards, record keeping requirements, and all other requirements for the dispensing of drugs applicable to pharmacists.
C. It shall be unlawful for any individual to assist in the practice of pharmacy unless currently registered or certified by the board.
Acts 1999, No. 767, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1203. Qualifications for reciprocity

RS 37:1203 - Qualifications for reciprocity
A. In order for a pharmacist currently licensed in another jurisdiction to obtain a license as a pharmacist by reciprocity in this state, an applicant shall:
(1) Have attained the age of twenty-one years.
(2) Have good moral character and be of temperate habits.
(3) Have possessed at the time of initial licensure as a pharmacist all qualifications necessary to have been eligible for licensure at that time in this state.
(4) Have presented to the board evidence of initial licensure by examination and evidence that such license is in active status.
(5) Have presented to the board evidence of any disciplinary, criminal, or other adverse action, including arrests taken against him by another licensing jurisdiction, government agency, law enforcement agency, or court. Such action may serve as grounds for the denial of reciprocity to an applicant.
(6) Have passed all examinations required by the board.
(7) Have paid the fees specified by the board to defray the expenses of making an investigation of the status of his original and all subsequently acquired pharmacist licenses.
(8) Have submitted a completed application form supplied by the board.
B. No applicant shall be eligible for licensure by reciprocity unless the state or jurisdiction in which the applicant was initially licensed as a pharmacist also grants reciprocity to a pharmacist duly licensed by examination in this state.
C. Upon successful completion of the requirements of Subsections A and B of this Section, the board shall license the pharmacist within fourteen working days.
Acts 1999, No. 767, §1; Acts 2006, No. 164, §1; Acts 2012, No. 357, §1; Acts 2018, No. 31, §1; Acts 2022, No. 666, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1205. Duplicate certificates

RS 37:1205 - Duplicate certificates
In case a certificate of a licensed pharmacist is lost, destroyed, or otherwise missing, the board shall issue a duplicate thereof, upon receipt of an affidavit attested to by the pharmacist setting forth the facts and circumstances surrounding the loss of the certificate and payment of the fee or fees as specified by the board.
Acts 1999, No. 767, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1207. Renewal of license, registration, and certification; expiration; reinstatement

RS 37:1207 - Renewal of license, registration, and certification; expiration; reinstatement
A.(1) Each person licensed, registered, or certified by the board shall apply for renewal at a time designated by the board and pay a fee specified by the board. A person who desires to continue in the practice of pharmacy or assist in the practice of pharmacy in this state shall file with the board an application in such form and containing such data as the board may require, and complete such other requirements as deemed necessary by the board, for renewal.
(2)(a)(i) The board shall assess on each pharmacist license renewal as required by this Section an additional fee of one hundred dollars per year to be designated as the "pharmacy education support fee". This fee shall be dedicated and allocated as specified in this Paragraph to an accredited school of pharmacy of a public university in this state. The board shall include on each license renewal form issued to a pharmacist an optional election whereby the person may elect not to remit the one hundred dollar pharmacy education support fee.
(ii) For purposes of this Paragraph, "accredited" shall mean possession of current accreditation from the Accreditation Council for Pharmacy Education.
(b) The board shall disburse all monies collected pursuant to this Paragraph to an accredited public university pharmacy school in this state on or before April first annually. The public university pharmacy school shall utilize these monies solely for the benefit of its pharmacy education program and the expenditure of such funds shall be approved by the board of supervisors of the university system of which the university is a member. The funds collected pursuant to this Paragraph shall be in addition to any other monies received by the university that operates the pharmacy school and are intended to supplement and not replace, displace, or supplant any other funds that the university receives from the state or from any other source.
B. The board shall make available applications for renewal of licenses, registrations, and certificates to each licensed, registered, and certified person by a date designated by the board.
C. If a person fails to make application to the board for renewal of his license, certification, or registration within a period determined by the board, the license, certification, or registration is expired and shall be deemed null and void.
D. In order to reinstate the expired license, certification, or registration, the person shall meet requirements set by the board by regulation.
Added by Acts 1956, No. 272, §2; Acts 1999, No. 767, §1; Acts 2012, No. 357, §1; Acts 2015, No. 298, §1; Acts 2020, No. 202, §1, eff. July 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1208. Waiver of licensure or certification renewal while in military service

RS 37:1208 - Waiver of licensure or certification renewal while in military service
Upon written request of any licensed pharmacist or certified technician serving in active duty in the military service of the United States or any of its allies, the board may waive the requirement for the renewal of pharmacist license or technician certificate, including the renewal fees.
Added by Acts 1956, No. 272, §3; Acts 1999, No. 767, §1; Acts 2012, No. 358, §1; Acts 2020, No. 202, §1, eff. July 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1208.1. Waiver of license or certificate renewal fee for military spouse

RS 37:1208.1 - Waiver of license or certificate renewal fee for military spouse
Upon written request of any licensed pharmacist or certified technician who is the spouse of an active-duty member of the armed forces of the United States, the board may waive the requirement of the fee for the renewal of a pharmacist license or technician certificate in accordance with the rules promulgated by the board.
Acts 2018, No. 63, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1209. Waiver of renewal fee when licensed fifty years; award

RS 37:1209 - Waiver of renewal fee when licensed fifty years; award
The board, in recognition of contributions to the practice of pharmacy, shall waive the renewal fee requirement for renewal of licensure for licensed pharmacists who have been duly registered and licensed to practice in Louisiana for not less than fifty years; in lieu thereof the board shall award to such pharmacists an honorary gold-embossed certificate. Such pharmacists desiring to continue to practice pharmacy shall file the renewal application and shall meet all other requirements for active licensure.
Acts 1999, No. 767, §1; Acts 2006, No. 164, §1; Acts 2020, No. 202, §1, eff. July 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1210. Continuing education in pharmacy

RS 37:1210 - Continuing education in pharmacy
The board shall establish requirements for continuing education in pharmacy, including the determination of acceptable program content. The board shall adopt rules and regulations necessary to carry out the stated objectives and purposes, to enforce the provisions of this Section.
Acts 1999, No. 767, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1211. Pharmacy intern

RS 37:1211 - Pharmacy intern
The board shall establish an internship program for the purpose of providing the practical experience necessary for licensure as a pharmacist. The board shall adopt rules and regulations regarding the standards and qualifications for internship programs.
Acts 1999, No. 767, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1212. Pharmacy technicians

RS 37:1212 - Pharmacy technicians
The board may register individuals as pharmacy technician candidates and certify individuals as pharmacy technicians, both of whom may assist a pharmacist in the practice of pharmacy, as specified in board rules. Notwithstanding any provision in law to the contrary, in all cases, a pharmacist must verify the accuracy of a prescription before the drug or device may be transferred to a patient or patient's agent. The board may also set minimum training and education requirements and examinations for certification as a pharmacy technician as it deems necessary. The board may, by rule, establish ratios for pharmacy technician candidates to pharmacists and pharmacy technicians to pharmacists, but in no case shall such ratio be less than two pharmacy technicians to one pharmacist.
Acts 1999, No. 269, §1; Acts 1999, No. 767, §1; Acts 1999, No. 1328, §1; Acts 2004, No. 131, §1; Acts 2005, No. 387, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1213. Notification of change of business place or employment

RS 37:1213 - Notification of change of business place or employment
A pharmacist, pharmacy technician, pharmacy intern, or pharmacy technician candidate shall notify the board, in writing, of any change of employment within a time frame determined by the board by rule.
Acts 1999, No. 767, §1; Acts 2012, No. 357, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1214. Notification of change of address

RS 37:1214 - Notification of change of address
A pharmacist, pharmacy technician, pharmacy intern, or pharmacy technician candidate shall notify the board, in writing, of a change of address within a time frame determined by the board by rule.
Acts 1999, No. 767, §1; Acts 2012, No. 357, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1218. Administration of influenza immunization

RS 37:1218 - Administration of influenza immunization
A pharmacist may administer an influenza immunization to any person seven years of age or older without a prescription or medical order contingent upon all of the following provisions:
(1) The pharmacist shall administer influenza immunizations in conformance with the most current annual influenza vaccination administration protocol as set forth by the United States Centers for Disease Control and Prevention Advisory Committee on Immunization Practice.
(2) The pharmacist shall report each influenza immunization to the Louisiana Office of Public Health Immunization Registry at the time of the immunization or as soon as reasonably practicable thereafter.
(3) The pharmacist shall report all adverse events he observes or which are reported to him to the Vaccine Adverse Event Reporting System, the cooperative program of the United States Centers for Disease Control and Prevention and the United States Food and Drug Administration for vaccine safety, or its successor program; and further, the pharmacist shall refer the patient with an adverse event to the influenza immunization for appropriate medical care.
(4) The pharmacist shall maintain for at least two years a record of each influenza immunization administered.
(5) The pharmacist shall obtain the appropriate credential to administer influenza immunizations from the board, as administratively defined, prior to administering any such immunization.
Acts 2010, No. 287, §1; Acts 2022, No. 271, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1218.1. Administration of immunizations and vaccines other than influenza immunizations

RS 37:1218.1 - Administration of immunizations and vaccines other than influenza immunizations
A.(1) A pharmacist may administer to an individual age seventeen or older an immunization or a vaccine without a patient-specific prescription or medical order if the immunization or the vaccine is administered in conformance with the most current immunization administration protocol as set forth by the United States Centers for Disease Control and Prevention Advisory Committee on Immunization Practice. At the time that a pharmacist administers an immunization or vaccine in accordance with the provisions of this Section, the pharmacist shall also inform the individual that the administration of an immunization or vaccine in accordance with the provisions of this Section is not to be construed as being in lieu of an annual checkup with the individual's primary care or family physician.
(2) The pharmacist shall report each immunization to the Louisiana Department of Health, office of public health's Louisiana Immunization Network for Kids Statewide at the time of the immunization or as soon as reasonably practicable thereafter, as this is the official state vaccination record.
(3) The pharmacist shall report all adverse events he observes or which are reported to him to the Vaccine Adverse Event Reporting System, the cooperative program of the United States Centers for Disease Control and Prevention and the United States Food and Drug Administration for vaccine safety, or its successor program; and further, the pharmacist shall refer the patient with an adverse event to an immunization for appropriate medical care.
(4) The pharmacist shall maintain for at least two years a record of each immunization administered.
(5) The pharmacist shall obtain the appropriate credentials to administer immunizations from the board, as administratively defined, prior to administering any such immunization.
(6) The pharmacist shall request the name of a patient's primary care provider prior to the administering of any immunization. If the patient identifies such primary care provider to the pharmacist, the pharmacist shall notify the primary care provider, by written or electronic communication, as soon as reasonably possible thereafter that the immunization was administered.
B. This Section shall not apply to the administering of an immunization pursuant to R.S. 37:1218.
Acts 2012, No. 651, §1; Acts 2014, No. 769, §1; Acts 2022, No. 271, §2.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1219. Affordable alternative options to prescription drugs

RS 37:1219 - Affordable alternative options to prescription drugs
A. Pharmacists may provide sufficient information to a patient to allow him an opportunity to consider all relevant options when acquiring prescription medication, including but not limited to the cost and clinical efficacy of a more affordable alternative if one is available and the ability to pay cash if a cash payment for the same drug is less than an insurance copayment or deductible payment amount.
B. Failure to comply with this Section shall not constitute a violation of a pharmacist's standard of care regarding the patient. No pharmacist shall be penalized by the board or any third party for failure to comply with the provisions of this Section.
C.(1) No pharmacy or pharmacist shall be bound to terms of a contract with a pharmacy benefit manager or other entity that administers prescription drug benefits that prevent disclosure of the information provided for in this Section.
(2) On or after August 1, 2018, any contract provision prohibiting the communication provided for in this Section shall be severable from the contract and considered void and not enforceable in Louisiana.
D.(1) Any pharmacy or pharmacist who has a contract, either directly or through a pharmacy services administration organization, with a pharmacy benefit manager administering any type of drug or pharmacy benefit plan to provide covered drugs, devices, or services at a contractual reimbursement rate may decline to provide a covered drug, device, or service if the pharmacy or pharmacist will be or is paid less than the acquisition cost for the covered drug, device, or service.
(2) If the pharmacy or pharmacist declines to provide the drug, device, or service as authorized in this Subsection, then the pharmacy or pharmacist shall provide the customer with adequate information as to where the prescription for the drug, device, or service may be filled.
(3) No pharmacy benefit manager, pharmacy services administration organization, or any person acting for or on behalf of a pharmacy benefit manager or pharmacy services administration organization shall cancel any contract with the pharmacy or pharmacist, sue for breach of contract, use the decision to decline as a cause for not renewing the contract, or retaliate against or penalize the pharmacy or pharmacist in any way.
E. The commission of any act prohibited by this Section shall be considered an unfair method of competition and unfair practice or act which shall subject the violator to any and all actions, including investigative demands and private actions, remedies, and penalties, provided for in the Unfair Trade Practices and Consumer Protection Law, R.S. 51:1401 et seq.
F. Any provision of a contract that is contrary to any provision of this Section shall be null, void, and unenforceable in this state.
Acts 2018, No. 317, §2; Acts 2019, No. 161, §2, eff. June 6, 2019.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1221. Unlawful operation

RS 37:1221 - Unlawful operation
A. No person shall open, establish, operate, or maintain a pharmacy located within this state unless the pharmacy is issued a permit by the board.
B. No out-of-state pharmacy providing pharmacy services to residents of this state shall open, establish, operate, or maintain a pharmacy located out-of-state unless the pharmacy is issued a permit by the board.
C. No permit to operate a pharmacy shall be granted or renewed unless evidence satisfactory to the board ensures that a pharmacist in the state where the permit is issued and pharmacy is located will be on duty during normal hours as administratively defined.
Acts 1999, No. 767, §§1, 3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1222. Qualifications

RS 37:1222 - Qualifications
A. A person applying for a permit to open, establish, operate, or maintain a pharmacy, within or outside of this state, shall complete an application in such form and containing such data as the board may require, and complete such other requirements as deemed necessary by the board, including but not limited to designation and identification of a pharmacist-in-charge.
B. Each pharmacy shall ensure accessibility to pharmacy primary care for the public as defined by the board.
C. Each pharmacy permitted by the board may designate a registered agent in this state for service of process.
D. Any such person who does not so designate a registered agent shall be deemed to have designated the secretary of state to be its agent, upon whom may be served all legal process in any action or proceeding against such pharmacy.
E. A permit to operate a pharmacy shall not be transferable.
Acts 1999, No. 767, §§1, 3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1223. Classifications

RS 37:1223 - Classifications
A. The board shall determine the permit classifications of all persons permitted under this Part, and establish minimum standards for such persons.
B. The board shall establish the criteria that each permit holder must meet to qualify for a permit in each classification. The board may issue a permit with varying restrictions to such persons where the board deems it necessary.
Acts 1999, No. 767, §§1, 3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1224. Compounding and filling of prescriptions; absence of pharmacist

RS 37:1224 - Compounding and filling of prescriptions; absence of pharmacist
A. In each pharmacy there shall be a pharmacist on duty at all times. The filling, compounding, and dispensing of prescriptions, and the making of pharmacy-generated drugs, shall be accomplished in compliance with standards established by the board by rule. The performance of these activities shall be limited to pharmacists and pharmacy interns, pharmacy technicians, and pharmacy technician candidates acting under the supervision of a pharmacist.
B. If the pharmacist should find it necessary to be temporarily absent, leaving the prescription department unattended either by a pharmacist or a pharmacy technician, then the prescription department shall be closed.
C. The board shall establish criteria for the temporary absence of a pharmacist from the prescription department.
D. Notwithstanding any provision of law to the contrary, after the pharmacist or pharmacy technician has complied with all duties imposed upon him by law regarding a prescription, a cashier or other clerical person may lawfully deliver the drug or device and collect payment therefor.
E. A prescription may be filled, compounded, and dispensed at the permitted pharmacy which first received the prescription or at any other permitted pharmacy to which the prescription is properly transferred from the originating pharmacy. A prescription may be properly transferred through the transfer of prescription information from one pharmacy to another manually or through an electronic transfer using an electronic file updated on a real-time on-line basis and shared by two or more pharmacies. Electronic transfers of prescriptions shall be permitted regardless of whether or not the pharmacy from which the prescription is transferred is open for business.
F. Repealed by Acts 2000, 1st Ex. Sess., No. 83, §1.
Acts 1999, No. 269, §1; Acts 1999, No. 767, §§1, 3; Acts 2000, 1st Ex. Sess., No. 83, §1; Acts 2013, No. 168, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1224.1. Filling of additional refills in anticipation of authorization

RS 37:1224.1 - Filling of additional refills in anticipation of authorization
Notwithstanding any provision of law to the contrary, when all refills authorized on an original prescription have been dispensed, additional prescription refills may be added to the original prescription and compounded, filled, and labeled prior to the receipt of authorization for the additional refills from the prescriber, provided that no additional prescription refill may be transferred to the patient or the patient's representative prior to the receipt of such authorization from the prescriber, and provided that the date and time of such authorization and the name of the person transmitting the authorization is maintained in the prescription record and is immediately accessible on-line and retrievable in a hard copy within seventy-two hours of request.
Acts 1999, No. 269, §1; Acts 1999, No. 767, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1225. Labeling of drugs and prescriptions

RS 37:1225 - Labeling of drugs and prescriptions
All receptacles containing compounded or filled prescriptions shall bear a label showing the prescription number, the initials of the pharmacist actually and personally responsible for drug regimen review, filling, compounding or dispensing the prescription, adequate directions for use unless stated otherwise by the prescriber, the date of its compounding or filling, and the name of the pharmacy. Each permitted pharmacy shall post a legibly written list of names of all pharmacists dispensing medication in the pharmacy for viewing by its employees. Any such label shall include all information required by federal law.
Acts 1999, No. 767, §§1, 3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1226. Prescription; name of patient

RS 37:1226 - Prescription; name of patient
No pharmacist or dispensing physician shall fill any prescription unless the name of the patient and the trade name, or the generic name, or the most commonly used name of the medication or device appears on the label, unless otherwise specified by the practitioner.
Acts 1999, No. 767, §§1, 3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1226.1. Communication to the prescriber

RS 37:1226.1 - Communication to the prescriber
A. No later than five business days following the dispensing of a biological product, the dispensing pharmacist or his designee shall communicate to the prescriber the specific product provided to the patient, including the name of the product and the manufacturer.
B. The required communication included in Subsection A of this Section may be done by any means.
C. No communication shall be required if there is no interchangeable or therapeutically equivalent biological product approved by the United States Food and Drug Administration for the product prescribed, or if the prescription is a refill not changed from the product dispensed on the prior filling of the prescription.
D. Nothing in this Section shall create a cause of action against the prescriber and the dispensing pharmacist or his designee for a communication as required pursuant to this Section.
E. No communication shall be required pursuant to this Section if the prescriber indicates "dispense as written".
Acts 2015, No. 391, §1; Acts 2018, No. 206, §3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1226.3. Prescription drugs; returns, exchanges, and redispensing in pharmacies serving certain correctional facilities; authority to promulgate rules

RS 37:1226.3 - Prescription drugs; returns, exchanges, and redispensing in pharmacies serving certain correctional facilities; authority to promulgate rules
A. Except as provided in Subsection B of this Section, all drugs dispensed on prescription to an offender in the custody of the Department of Public Safety and Corrections, or in the custody of a local law enforcement office or department, may be accepted for return, exchange, or redispensing by a pharmacy operated by or under contract with the department or by a pharmacy authorized by the board to provide prescriptions to a local law enforcement office or department.
B. The pharmacist in charge of the pharmacy shall determine that the returned drug is not adulterated, expired, or misbranded and is safe to dispense. No product shall be redispensed by the pharmacist if the integrity of the medication cannot be assured. A drug that can be dispensed only to a patient registered with the drug's manufacturer in accordance with federal Food and Drug Administration requirements shall not be accepted or redispensed under the provisions of the program provided for in this Section.
C. No pharmaceutical manufacturer shall be liable for any claim or injury arising from the redispensing of any prescription drug pursuant to the provisions of this Section, including but not limited to liability for failure to transfer or communicate product or consumer information regarding the redispensed drug, as well as the expiration date of the redispensed drug.
D. The Louisiana Board of Pharmacy shall have the authority to promulgate rules in accordance with the Administrative Procedure Act for the purpose of administering the provisions of this Section.
Acts 2011, No. 315, §1, eff. June 28, 2011; Acts 2016, No. 310, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1226.4. Chart orders; bidirectional transmission; renewal

RS 37:1226.4 - Chart orders; bidirectional transmission; renewal
A. The institutional facility is the only party to the prescription drug chart order that shall be required to maintain a copy of the prescriber's signature unless otherwise required by federal law.
B. Bidirectional electronic transmission of chart orders between the institutional facility and the pharmacy shall be permitted when transmission occurs in a manner that complies with rules promulgated by the Centers for Medicare and Medicaid Services and other federal rules or regulations.
C. Renewal of ongoing chart orders shall be signed by the prescriber at the appropriate time interval based on facility type and federal regulation, state law, or rule. Unless otherwise indicated, chart orders shall be ongoing until such time as the practitioner discontinues the order and such discontinuation is communicated to the pharmacy.
D. The board may promulgate rules to recognize and regulate the use of chart orders that are not otherwise specifically provided for in this Section.
Acts 2018, No. 602, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1228. Equipment required of pharmacy

RS 37:1228 - Equipment required of pharmacy
The board shall determine, by regulation, all standards for professional, technical, equipment and any other requirements deemed necessary for a pharmacy to possess, in order to operate in the best interest of the health, safety and welfare of the public.
Added by Acts 1964, No. 373, §1; Acts 1999, No. 767, §§1, 3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1229. Records of prescription; retention; inspection

RS 37:1229 - Records of prescription; retention; inspection
A. There shall be kept in every pharmacy a suitable book, file, or electronic record keeping system in which shall be preserved, for a period of not less than two years, or such longer period as may be mandated by other applicable law or regulation, a record of every prescription filled, compounded, or dispensed. Such book, file, or electronic record of prescriptions shall be open to inspection by the board or its authorized agents or employees during hours of operation.
B. Records maintained electronically pursuant to this Section shall contain all information required in a manual records system. The electronic record keeping system shall be capable of producing a hard copy printout of the prescription record within seventy-two hours of request.
C. The board shall not impose stricter record keeping requirements on electronic files than those requirements imposed on manual systems.
D. As used in this Section, "electronic record keeping system" means a system, including machines, methods of organization, and procedures, that provides input, storage, processing, communications, output, and control functions for digitized representations of original prescriptions.
Acts 1999, No. 269, §1; Acts 1999, No. 767, §§1, 3.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1230. Renewal of permits; expiration; reinstatement

RS 37:1230 - Renewal of permits; expiration; reinstatement
A.(1) Each pharmacy issued a permit by the board shall apply for renewal at the time designated by the board and shall pay a fee specified by the board.
(2)(a)(i) The board shall assess on each pharmacy permit renewal required by this Section an additional fee of one hundred dollars per year to be designated as the "pharmacy education support fee". This fee shall be dedicated and allocated as specified in this Paragraph to an accredited school of pharmacy of a public university in this state. The board shall include on each permit renewal form issued to a pharmacy an optional election whereby the pharmacy may elect not to remit the one hundred dollar pharmacy education support fee.
(ii) For purposes of this Paragraph, "accredited" shall mean possession of current accreditation from the Accreditation Council for Pharmacy Education.
(b) The board shall disburse all monies collected pursuant to this Paragraph to an accredited public university pharmacy school in this state on or before April first annually. The public university pharmacy school shall utilize these monies solely for the benefit of its pharmacy education program and the expenditure of such funds shall be approved by the board of supervisors of the university system of which the university is a member. The funds collected pursuant to this Paragraph shall be in addition to any other monies received by the university that operates the pharmacy school and are intended to supplement and not replace, displace, or supplant any other funds that the university receives from the state or from any other source.
B. Any person who desires to continue to operate or maintain a pharmacy within or outside of the state shall file an application with the board for renewal in such form and contain such information as the board may require and complete such other requirement as deemed necessary by the board.
C. Application for renewal of a permit shall be made available on or before a date designated by the board. If a permit holder fails to make application to the board for renewal of his permit within a period determined by the board, the existing permit shall expire and become null and void.
D. In order to reinstate an expired permit, the permit holder shall meet requirements established by the board.
Acts 1999, No. 767, §1; Acts 2012, No. 357, §1; Acts 2015, No. 298, §1; Acts 2020, No. 202, §1, eff. July 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1231. Agreements; notifications

RS 37:1231 - Agreements; notifications
A. The board may enter into agreements with other states or with third parties for the purpose of exchanging information concerning the permitting and inspection of entities located in this state and those located outside the state.
B. All permitted persons shall report to the board the occurrence of any of the following:
(1) Permanent closing.
(2) Change of ownership, management, location, or pharmacist-in-charge of a pharmacy.
(3) Any theft or significant loss of drugs or devices.
(4) Any known conviction of any employee for violation of any state or federal drug laws.
(5) Disasters, accidents, or any theft, destruction, or loss of records required to be maintained by state or federal law.
Acts 1999, No. 767, §1.