reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1232. Nonresident pharmacy

RS 37:1232 - Nonresident pharmacy
A. A pharmacy located outside this state which does business in this state within the meaning of this Chapter shall hold a current pharmacy permit as provided in this Chapter. The pharmacy shall be designated a "nonresident pharmacy" and the permit shall be designated a "nonresident pharmacy permit".
B. A nonresident pharmacy granted a nonresident pharmacy permit by the board shall disclose to the board the location, names, and titles of all principal corporate officers, as well as the owner's managing officer and pharmacist-in-charge. A report containing this information shall be made to the board with each renewal application and within thirty business days after any change of office, corporate officer, or within ten business days of the departure of the prior owner's managing officer or pharmacist-in-charge.
C. The nonresident pharmacy shall maintain at all times authorization to conduct the pharmacy in compliance with the laws of the state in which it is a resident. As a prerequisite to seeking a permit from the board, the nonresident pharmacy shall submit a copy of the most recent inspection report resulting from an inspection conducted by the regulatory or licensing agency of the state in which it is located, as well as any other state pharmacy licensing agency or any agent thereof, and any inspection reports produced by the federal Food and Drug Administration or the federal Drug Enforcement Administration. Thereafter, the nonresident pharmacy granted a permit shall submit to the board a copy of any subsequent inspection report on the pharmacy conducted by the regulatory or licensing body of the state in which it is located, or by any other state pharmacy licensing agency, or any agent thereof, or by the federal Food and Drug Administration or the federal Drug Enforcement Administration. In addition to or in lieu of an inspection by the regulatory or licensing body of the state in which it is a resident, or any agent thereof, the nonresident pharmacy shall be subject to an inspection by the board. When the board conducts an inspection of a nonresident pharmacy, the board shall recover its expenses from the nonresident pharmacy in addition to the applicable permit fee authorized by this Chapter.
D. A nonresident pharmacy granted a nonresident pharmacy permit by the board shall maintain records of any controlled substances or dangerous drugs or devices dispensed to patients in this state so that the records are readily retrievable from the records of other drugs dispensed.
E. Records for all prescriptions and products delivered into the state shall be readily retrievable from the other prescription records of the nonresident pharmacy and shall be in compliance with all federal laws and with regulations as may be required by this state.
Acts 1999, No. 767, §1; Acts 2006, No. 164, §1; Acts 2013, No. 282, §1; Acts 2020, No. 202, §1, eff. July 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1242. Violations; penalties

RS 37:1242 - Violations; penalties
Any person who shall practice or assist in the practice of pharmacy without a currently valid license, registration, certificate, permit, or any other designation deemed necessary to engage in the practice of pharmacy shall be guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars and not more than one thousand dollars, or imprisoned for not more than six months, or both, and, in addition, may have his license or permit restricted, suspended, or revoked by the board. Each act of such unlawful practice shall constitute a distinct and separate offense.
Acts 1999, No. 767, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1243. Enforcement of Chapter through court action

RS 37:1243 - Enforcement of Chapter through court action
The board may institute any action in a court of competent jurisdiction to enforce compliance with any provision of this Chapter or with any regulation, subpoena, or order of the board made pursuant to the provisions of this Chapter.
Acts 1999, No. 767, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1244. Injunction; penalty; attorney fees; costs

RS 37:1244 - Injunction; penalty; attorney fees; costs
A. The board may seek in any court of competent jurisdiction a writ of injunction enjoining any person from practicing or assisting in the practice of pharmacy, until such person obtains the necessary license, registration, certificate, or permit under the provisions of this Chapter. This injunction shall not be subject to being released upon bond.
B. In the suit for an injunction, the board may demand of the defendant a penalty of not more than five thousand dollars, as well as reasonable attorney fees and the costs of court. This judgment for penalty, attorney fees, and costs may be rendered in the same judgment in which the injunction is made absolute.
C. The trial of the proceeding by injunction shall be summary and by the judge without a jury.
D. Nothing herein shall be construed as barring criminal prosecutions for violations of this Chapter.
Acts 1999, No. 767, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1245. Investigation, notice, and hearing

RS 37:1245 - Investigation, notice, and hearing
A. The board may upon its own motion, or upon a verified written complaint of any person setting forth facts which, if proved, would constitute grounds for:
(1) Refusal to issue or renew.
(2) Suspension or revocation of any such license, certificate, or permit, investigate the action of any person applying for, holding or claiming to hold, any such license, registration, certificate, or permit, or other designation deemed necessary to engage in the practice of pharmacy.
B. The board shall, at least thirty days prior to the date set for the hearing, notify in writing the applicant for, or holder of, any such license, registration, certificate, permit, or any other designation deemed necessary to engage in the practice of pharmacy, of any charges made, and shall afford the accused person an opportunity to be heard in reference thereto. The written notice may be served by delivering it personally to the accused person, or by mailing it by registered or certified mail to the accused person's last address on record with the board. At the time and place fixed in the notice, the board shall proceed to hear the charges. The accused person, the complainant, and a representative of the board shall each have an opportunity to present in person, or by counsel, such matters as may be pertinent to the charges and to any defense thereto. The board may continue such hearing from time to time, and from place to place, as may be necessary or proper.
C. If an application for any license, registration, certificate, permit, or any other designation deemed necessary to engage in the practice of pharmacy or renewal thereof, is refused, or if any license, registration, certificate, permit, or any other designation deemed necessary to engage in the practice of pharmacy is restricted, suspended, or revoked, the board shall notify the applicant thereof, or the holder thereof, in writing, of its decision and the reason for such action.
Acts 1999, No. 767, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1246. Issuance of subpoenas; witnesses; production of records; maintenance of confidentiality

RS 37:1246 - Issuance of subpoenas; witnesses; production of records; maintenance of confidentiality
A. The board, or its designated agent, may issue subpoenas or subpoenas duces tecum requiring the attendance and testimony of witnesses and the production of any evidence or documentation that relates to any matter properly under investigation or in question before the board or committee conducting the hearing or investigation.
B. Each witness who appears before the board pursuant to subpoena shall receive for his attendance the fees and mileage provided for witnesses in civil cases in the courts of this state.
C. No subpoena shall be issued at the request of a party other than the board unless the fees and mileage provided for in Subsection B of this Section are deposited to the board in advance.
D. In case of refusal to obey a subpoena or subpoena duces tecum issued to any person or entity, the board may apply to any district court within the jurisdiction where the inquiry is conducted or within the jurisdiction where such person is domiciled, resides, or transacts business, to issue to such person or entity an order requiring him to appear before the board, its members, agent, or agency, to produce evidence if ordered or to give testimony concerning the matter under investigation or in question.
E. Notwithstanding any privilege or confidentiality recognized by law, no person engaging or assisting in the provision of pharmacy services with which such pharmacist is affiliated shall, acting under any such privilege, fail or refuse to respond to a lawfully issued subpoena of the board for any pharmaceutical or medical information, testimony, records, data, reports or other documents, tangible items, or information relative to any patient served by any such pharmacist or person assisting a pharmacist under investigation. However, the identity of any patient identified in or such records or information shall be maintained in confidence by the board and shall be deemed a privilege of confidentiality existing in favor of any such patient. For the purpose of maintaining such confidentiality of patient identity, the board shall cause any such records or the transcript of any such testimony to be altered so as to prevent the disclosure of the identity of the patient to whom such records or testimony relates.
Acts 1999, No. 767, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1248. Review of board orders

RS 37:1248 - Review of board orders
A. Any person to whom the board has refused to issue a license, registration, certificate, or permit, or any other designation deemed necessary to engage in the practice of pharmacy, or whose license, registration, certificate, or permit, or any other designation deemed necessary to engage in the practice of pharmacy has been suspended or revoked, may appeal from the decision and order of the board to the Nineteenth Judicial District Court.
B. Absent agreement of counsel for all parties, no stay of enforcement of a decision issued by the board during pendency of an appeal pursuant to the provisions of this Section shall be granted unless the district court finds that the applicant has established that the issuance of the stay does not:
(1) Threaten harm to other interested parties, including persons for whom the applicant may render pharmacy services; or
(2) Constitute a threat to the health and welfare of the citizens of the state.
C. No stay shall be granted ex parte. The court shall schedule a hearing on the request for a stay order within ten days from filing of the request. The decision shall be rendered within five days after the conclusion of the hearing.
Acts 1999, No. 767, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1249. Reinstatement or re-issuance of license, registration, certificate, permit, or any other designation deemed necessary to engage in the practice of pharmacy

RS 37:1249 - Reinstatement or re-issuance of license, registration, certificate, permit, or any other designation deemed necessary to engage in the practice of pharmacy
A. At any time after the suspension or revocation of any such license, registration, certificate, permit, or any other designation deemed necessary to engage in the practice of pharmacy, the board may restore the license, registration, certificate, permit, or any other designation deemed necessary to engage in the practice of pharmacy to the accused person, but only at an official meeting of the board, after written notice, and by vote of a majority of the members of the board present and voting. If a license, registration, certificate, permit, or any other designation deemed necessary to engage in the practice of pharmacy is reinstated or reissued following previously applied sanctions relative to a violation of this Chapter, said reinstatement or reissuance shall have affixed thereto an attachment or addendum specifically setting forth any restrictions placed upon said reinstated or reissued license, registration, certificate, permit, or any other designation deemed necessary to engage in the practice of pharmacy by the board.
B. In case of reinstatement, the holder of the reinstated license, registration, certificate, or permit shall pay all costs or fines, or both, and a reinstatement fee as provided for in the board's fee schedule established pursuant to R.S. 37:1184.
Acts 1999, No. 767, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1250. Exceptions

RS 37:1250 - Exceptions
A. Nothing in this Chapter shall be construed to prevent or restrict the practice of nursing by a licensed registered nurse or an advanced practice registered nurse in accordance with R.S. 37:911 et seq., 1031 through 1034, or any other laws, rules, or regulations governing the practice of nursing in the state of Louisiana.
B. Nothing in this Chapter shall apply to a facility which engages solely in the distribution of dialysate, drugs, or devices necessary to perform home kidney dialysis to patients with end-stage renal disease if all of the following criteria are met:
(1) The dialysate, drugs, or devices are approved or cleared by the United States Food and Drug Administration as required by federal law.
(2) The dialysate, drugs, or devices are lawfully held by a manufacturer or manufacturer's agent that is properly registered with the board as a distributor of legend drugs or legend devices.
(3) The dialysate, drugs, or devices are held and delivered in their original, sealed packaging from the manufacturing facility.
(4) The dialysate, drugs, or devices are delivered only by the manufacturer or the manufacturer's agent and only upon receipt of a physician's order.
(5) The manufacturer or manufacturer's agent delivers the dialysate, drugs, or devices directly to any of the following parties:
(a) A patient with end-stage renal disease, or his designee, for self-administration of the dialysis therapy by the patient.
(b) A healthcare provider or institution for administration or delivery of the dialysis therapy to a patient with end-stage renal disease.
Acts 1999, No. 767, §1; Acts 2022, No. 154, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1256. Louisiana Board of Pharmacy; authority to regulate pharmacy benefit managers

RS 37:1256 - Louisiana Board of Pharmacy; authority to regulate pharmacy benefit managers
A. Pursuant to the authority vested in the board in this Chapter and as specifically provided for in the Pharmacy Benefit Manager Licensing Law, R.S. 40:2861 et seq., the board shall create and issue a permit for pharmacy benefit managers as defined in R.S. 40:2863.
B. A pharmacy benefit manager shall be permitted under Part IV of this Chapter if it administers, develops, maintains, performs, or provides one or more pharmacy services in this state or that affects one or more beneficiaries of a pharmacy benefit management plan administered by the pharmacy benefit manager, as set forth in R.S. 40:2868.
C.(1) A pharmacy benefit manager may file for a hearing conducted before an independent third-party adjudicator with the division of administrative law upon notice from the board that it intends to take adverse or disciplinary action against the pharmacy benefit manager that may result in the suspension or termination of the pharmacy benefit manager's permit. If the pharmacy benefit manager elects to file for a hearing with the division of administrative law, the ruling of the administrative law judge shall be appealable by either the pharmacy benefit manager or the board, whichever party does not prevail.
(2) Nothing in this Subsection shall be construed to prevent the pharmacy benefit manager from proceeding with a hearing before the board as provided for in the Administrative Procedure Act, nor shall anything in this Subsection be construed to prevent the board from taking any other action provided for by law or rule that would not result in suspension or termination of the pharmacy benefit manager's permit.
Acts 2019, No. 124, §2, eff. July 1, 2020; Acts 2022, No. 536, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1257. Pharmacy benefit managers; rules and regulations; reporting requirements; fees

RS 37:1257 - Pharmacy benefit managers; rules and regulations; reporting requirements; fees
A. The board shall promulgate rules and regulations in accordance with the Administrative Procedure Act to implement the provisions of this Part and the applicable provisions of the Pharmacy Benefit Manager Licensing Law, R.S. 40:2861 et seq.
B. The board may promulgate rules and regulations to specify permit renewal reporting requirements for pharmacy benefit managers.
C. The board shall charge fees for the issuance of pharmacy benefit manager permits in the amounts authorized by R.S. 37:1184.
Acts 2019, No. 124, §2, eff. July 1, 2020; Acts 2020, No. 202, §2, eff. July 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1258. Pharmacy benefit managers; enforcement

RS 37:1258 - Pharmacy benefit managers; enforcement
The board shall enforce the provisions of this Part as provided for in this Chapter and R.S. 40:2871.
Acts 2019, No. 124, §2, eff. July 1, 2020.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1261. Declaration of purpose

RS 37:1261 - Declaration of purpose
Recognizing that the practice of medicine, surgery, and midwifery is a privilege granted by legislative authority and is not a natural right of individuals, the state of Louisiana deems it necessary as a matter of policy in the interests of public health, safety, and welfare to provide laws and provisions covering the granting of that privilege and its subsequent use, control, and regulation to the end that the public shall be properly protected against unprofessional, improper, unauthorized, and unqualified practice of medicine and from unprofessional conduct of persons licensed to practice medicine, surgery, and midwifery.
Acts 1975, No. 350, §1; Acts 1985, No. 302, §2; Acts 2001, No. 17, §1, eff. May 17, 2001.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1266. Meetings of board

RS 37:1266 - Meetings of board
The board shall hold at least one regular meeting each year and special meetings as are necessary. A special meeting of the board may be called by the president at any place when a majority of the board, or its president, deems it expedient.
Acts 1975, No. 350, §1; Acts 2001, No. 17, §1, eff. May 17, 2001.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1267. Quorum

RS 37:1267 - Quorum
Six members of the board constitute a quorum for all purposes including the holding of examinations, the granting of licenses and permits, rulemaking, and, except as provided in R.S. 37:1285.1, the adjudication functions of the board.
Acts 1975, No. 350, §1; Acts 2003, No. 209, §1, eff. June 5, 2003; Acts 2015, No. 441, §1, eff. July 1, 2015; Acts 2018, No. 599, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1268. Compensation and expenses of board

RS 37:1268 - Compensation and expenses of board
The members of the board shall receive the amount set by the board, but not to exceed one hundred dollars per diem when actually attending to the work of the board or any of its committees, and for the time spent in necessary preparation and travel. In addition, the board shall be reimbursed for the actual traveling, incidental, and clerical expenses incurred in carrying out the provisions of this Chapter. These expenses shall be paid out of the treasury of the board.
Acts 1975, No. 350, §1. Amended by Acts 1977, No. 521, §1; Acts 2001, No. 17, §1, eff. May 17, 2001.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1269. Receipts and disbursements

RS 37:1269 - Receipts and disbursements
All monies collected by the board shall be deposited in the treasury of the board. All expenses of the board and compensation of board members and employees shall be paid out of the funds of the board only and shall never be a charge on the state.
Acts 1975, No. 350, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1271.1. Practice of telemedicine in licensed healthcare facilities

RS 37:1271.1 - Practice of telemedicine in licensed healthcare facilities
A. All of the following restrictions and authorizations apply to a physician who holds an unrestricted license to practice medicine from the board and who practices telemedicine upon any patient who is being treated at a healthcare facility that is required to be licensed pursuant to the laws of this state and which holds a current registration with the United States Drug Enforcement Administration:
NOTE: §1271.1 (Section heading) and Subsection (A) (Intro. para.) eff. Jan. 1, 2024. See. Acts 2023, No. 322.
RS 37:1271.1 - Physician utilization of telehealth in licensed healthcare facilities
A. All of the following restrictions and authorizations apply to a physician who holds an unrestricted license to practice medicine from the board and who utilizes telehealth for any patient who is being treated at a healthcare facility that is required to be licensed pursuant to the laws of this state and which holds a current registration with the United States Drug Enforcement Administration:
(1) The physician shall use the same standard of care as if the healthcare services were provided in person.
NOTE: Paragraphs (2) and (3) eff. until Jan. 1, 2024. See. Acts 2023, No. 322.
(2) The physician shall be authorized to prescribe any controlled dangerous substance without necessity of conducting an appropriate in-person patient history or physical examination of the patient as otherwise would be required by R.S. 37:1271(B)(2).
(3) The physician shall not be subject to any regulatory prohibition or restriction on the practice of telemedicine, including prohibitions or restrictions related to prescribing controlled dangerous substances, which are in any manner more restrictive than the prohibitions and restrictions that are otherwise applicable to the entire practice of medicine.
NOTE: Paragraphs (2) and (3) eff. Jan. 1, 2024. See. Acts 2023, No. 322.
(2) The physician may prescribe any controlled dangerous substance without necessity of conducting an appropriate in-person patient history or physical examination of the patient as otherwise would be required by R.S. 40:1223.4.
(3) The physician shall not be subject to any regulatory prohibition or restriction on the utilization of telehealth, including prohibitions or restrictions related to prescribing controlled dangerous substances, which are in any manner more restrictive than the prohibitions and restrictions that are otherwise applicable to the entire practice of medicine.
B. Nothing in this Section shall prohibit or otherwise restrict the board from taking any action allowed by law or regulation in the administration of any disciplinary matter.
Acts 2016, No. 252, §1, eff. May 26, 2016; Acts 2023, No. 322, §3, eff. Jan. 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1272. Qualifications of applicants

RS 37:1272 - Qualifications of applicants
Any person who wishes to practice medicine shall:
(1) Be twenty-one years of age;
(2) Be a citizen of the United States or possess valid and current legal authority to reside and work in the United States duly issued by the commissioner of the Immigration and Naturalization Service of the United States pursuant to the federal Immigration and Nationality Act and the commissioner's regulations thereunder;
(3) Be of good moral character;
(4) Present to the board a valid diploma from a medical college in good standing with the board or have been actively engaged in the practice of medicine, in a manner determined by the board to have been satisfactory, for not less than four years under a temporary permit issued pursuant to R.S. 37:1275; and
(5) Pass an examination which the board deems sufficient to test the applicant's fitness to practice medicine in this state. The board may design or administer its own examination, or it may use examinations from any national examining agency, either public or private as long as such examinations are, in its view, sufficient for such purpose.
Acts 1975, No. 350, §1; Acts 1985, No. 302, §2; Acts 1988, No. 887, §1; Acts 2001, No. 17, §1, eff. May 17, 2001; Acts 2020, 2nd Ex. Sess., No. 35, §1, eff. July 1, 2021.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1274. Issuance of license

RS 37:1274 - Issuance of license
If the requirements of R.S. 37:1272 or R.S. 37:1276 are met to the satisfaction of the board, the board shall issue to the applicant a license to practice medicine.
Acts 1975, No. 350, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1275. Temporary or limited purpose permits

RS 37:1275 - Temporary or limited purpose permits
A. The board may issue temporary permits authorizing the practice of medicine for a designated period of time; may issue permits for specific purposes with restrictions as to the type of medical activities that may be engaged in; or may issue permits to, or require registration and approval of, medical personnel participating in educational and training programs which include the administration of medical services to patients.
B. The board may adopt rules and regulations establishing the necessary qualifications, requirements, and formalities for the issuance of such permits as are necessary for the adequate protection of the health and welfare of the citizens of this state.
Acts 1975, No. 350, §1; Acts 1985, No. 302, §2; Acts 2001, No. 17, §1, eff. May 17, 2001.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1275.1. Canadian and Philippine doctors

RS 37:1275.1 - Canadian and Philippine doctors
A. Under the authority granted by R.S. 37:1275, the board may issue a temporary permit authorizing the practice of medicine for a time not to exceed five years, to a person licensed to practice medicine in Canada and a citizen of Canada or licensed to practice medicine in the Republic of the Philippines and a citizen of the Republic of the Philippines, if that person has obtained a work visa from the United States government. Thereafter, that person must obtain an immigration visa before his permit may be extended.
B. Such persons who wish to practice medicine under this Section shall:
(1) Be twenty-one years of age;
(2) Be of good moral character;
(3) Present to the board a valid diploma from a medical college in good standing with the board; and
(4) Pass an examination which the board deems sufficient to test the applicant's fitness to practice medicine in this state. The board may design or administer its own examination, or it may use examinations from any national examining agency, either public or private as long as such examinations are, in its view, sufficient for such purpose.
Added by Acts 1976, No. 370, §1; Acts 1985, No. 302, §2; Acts 2001, No. 17, §1, eff. May 17, 2001.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1276. Reciprocity; other states

RS 37:1276 - Reciprocity; other states
The board may issue a license as provided for in R.S. 37:1274, without examination in this state, to any applicant possessing a valid, unrestricted license to practice medicine, whether allopathic or osteopathic, or osteopathy in any other state of the United States provided the board is satisfied that the license from the other state is based upon an examination and other requirements substantially equivalent to the requirements of this Part.
Acts 1975, No. 350, §1; Acts 1985, No. 302, §2; Acts 2001, No. 17, §1, eff. May 17, 2001.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1276.1. Telemedicine license

RS 37:1276.1 - Telemedicine license
A. The board shall issue a telemedicine license to allow the practice of medicine across state lines to an applicant who holds a full and unrestricted license to practice medicine in another state or territory of the United States.
B. The board shall establish by rule in accordance with the Administrative Procedure Act the requirements for licensure under this Section provided the rules include the following:
(1) The physician licensed under this Section shall not open an office in this state, shall not meet with patients in this state, and shall not receive calls in this state from patients.
(2) The physician, when examining a patient by telemedicine, shall establish a bona fide physician-patient relationship by:
(a) Conducting an appropriate examination of the patient as determined by the board.
(b) Establishing a diagnosis through the use of accepted medical practices including but not limited to patient history, mental status, and appropriate diagnostic and laboratory testing.
(c) Discussing with the patient any diagnosis as well as the risks and benefits of various treatment options.
(d) Ensuring the availability for appropriate follow-up care.
(e) Fulfilling any other requirements as deemed appropriate and necessary by the board.
(3) The board may establish by rule additional qualifications, requirements, scope, and limitations of the use of telemedicine in this state as the board may deem appropriate.
C. Any physician licensed to practice telemedicine in accordance with this Section shall be subject to the provisions of this Part, the jurisdiction of the board, applicable state law, and, with respect to providing medical services to state residents, to the jurisdiction of Louisiana courts.
NOTE: §1276.1 repealed eff. Jan. 1, 2024. See Acts 2023, No. 322, §6.
RS 37:1276.1 - Repealed by Acts 2023, No. 322, §6, eff. Jan. 1, 2024.
Acts 2008, No. 850, §1, eff. upon the final adoption of the necessary rules and regulations promulgated by the La. St. Bd. of Medical Examiners; Acts 2023, No. 322, §6, eff. Jan. 1, 2024.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1278. Application for or acceptance of license or permit; waiver of personal privileges

RS 37:1278 - Application for or acceptance of license or permit; waiver of personal privileges
A. Any person applying for or accepting a license or permit to practice medicine or midwifery in this state shall, by applying for or accepting said license or permit, be deemed to have given his consent to submit to physical or mental examinations when so directed by the board and to waive all objections as to admissibility or disclosure of findings, reports, or recommendations pertaining thereto on the grounds of privileged communications or other personal privileges provided for by law.
B. Any person applying for, accepting, or holding a license or permit to practice medicine in this state shall be deemed, notwithstanding any privilege of confidentiality, to have given his authorization and consent to the disclosure to the board, by any physician or other health care provider and by any health care institution, of any and all medical records and information pertaining to such person's diagnosis, evaluation, treatment, and prognosis for any physical or mental condition, disease, illness, deficiency, or infirmity, when the board is acting upon a written complaint and it has reasonable cause to believe that his fitness and ability to practice medicine with reasonable skill and safety may be impaired by mental illness or deficiency, or physical illness, including but not limited to deterioration through the aging process or the loss of motor skills, and/or excessive use or abuse of drugs, including alcohol; however, any records or information obtained by the board pursuant to this Section shall not constitute public records and shall be maintained in confidence by the board until and unless such records or information are admitted into the record of proceedings before the board pursuant to R.S. 37:1285.
Acts 1975, No. 350, §1; Acts 1985, No. 302, §2; Acts 1987, No. 884, §1; Acts 2001, No. 17, §1, eff. May 17, 2001.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1278.1. Production of patient records; maintenance of confidentiality

RS 37:1278.1 - Production of patient records; maintenance of confidentiality
Notwithstanding any privilege of confidentiality recognized by law, no physician or health care institution with which such physician is affiliated shall, acting under any such privilege, fail or refuse to respond to a lawfully issued subpoena of the board for any medical information, testimony, records, data, reports or other documents, tangible items, or information relative to any patient treated by such physician under investigation; provided, however, that the identity of any patient identified in or by such records or information shall be maintained in confidence by the board and shall be deemed a privilege of confidentiality existing in favor of any such patient. For the purpose of maintaining such confidentiality of patient identity, the board shall cause any such medical records or the transcript of any such testimony to be altered so as to prevent the disclosure of the identity of the patient to whom such records or testimony relates.
Acts 1987, No. 884, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1279. Suspension, revocation, or restriction of license; notice

RS 37:1279 - Suspension, revocation, or restriction of license; notice
A. In the event a license issued under this Part is suspended, revoked, or otherwise restricted by the board, the board shall notify the clerk of court in each parish where the licensed person has been practicing if the license was recorded in accordance with prior law. When a license is revoked, the clerk of court shall cancel such recordation. When a license is suspended, or otherwise restricted, the clerk shall note the suspension or restriction imposed thereon in the original recordation.
B. In addition thereto, the board shall also notify all agencies, boards, and organizations having reasonable need for such notice of any suspension, revocation, or restriction imposed upon a license or permit provided for in this Part.
Acts 1983, No. 153, §1; Acts 2001, No. 299, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1280. Renewals

RS 37:1280 - Renewals
A. Every license issued under this Part shall be renewed annually upon payment of the required renewal fee.
B. Any license not renewed may be suspended by unanimous vote of the board. The suspension is subject to review by the courts.
Acts 1975, No. 350, §1; Acts 2001, No. 17, §1, eff. May 17, 2001.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1281.1. Volunteers; waiver of fees

RS 37:1281.1 - Volunteers; waiver of fees
A. The board may waive the fees and costs established and otherwise collectable by the board for the issuance, renewal, or reinstatement of any license, certificate, registration, or permit that it is authorized to issue to an individual who satisfies all of the following requirements:
(1) Attests that his practice shall be limited exclusively to the provision of gratuitous, uncompensated, volunteer health care services in this state.
(2) Satisfies all qualifications, requirements, and procedures prescribed by law.
(3) Complies with all of the board's rules for the type of licensure held or applied for.
B. A license, certificate, registration, or permit issued under this Section shall bear the designation "volunteer". A physician or an allied health care provider shall not, acting under the authority of such a license, certificate, registration, or permit, provide health care services in exchange for compensation.
Acts 2010, No. 298, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1281.2. Allied practitioner health program; assessment, and self-reporting waiver; protected action and communication

RS 37:1281.2 - Allied practitioner health program; assessment, and self-reporting waiver; protected action and communication
A. In addition to all other assessments attendant to the issuance, renewal, or reinstatement of a license, permit, certificate, or registration issued by the board pursuant to this Part, the board shall charge and collect an annual assessment of twenty-five dollars from each medical psychologist, physician assistant, and podiatrist to be utilized for the identification, monitoring, assistance, and procurement of treatment of medical psychologists, physician assistants, and podiatrists suffering from substance abuse, chemical dependency, psychiatric conditions, or physical deficiencies which may interfere with their ability to practice their profession with reasonable skill and safety. The assessment established in this Section shall be due at the time of application for the issuance, renewal, or reinstatement of a license, permit, certificate, or registration.
B. With respect to any duty pursuant to this Part for a medical psychologist, physician assistant, or podiatrist to self-report a violation of his practice act to the board, either immediately or within a prescribed period of time of the occurrence, a report shall not be required if the violation relates to the individual's ability to practice his profession with reasonable skill and safety by reason of substance abuse or psychiatric condition, provided that since the occurrence the medical psychologist, physician assistant, or podiatrist has executed a monitoring agreement with an allied practitioner health program designated by the board and he is in full compliance with the terms and conditions of the agreement.
C. The provisions of R.S. 37:1287 shall be equally applicable to any nonprofit corporation, foundation, or organization, and to any person who serves as a director, trustee, officer, employee, consultant, or attorney for or who otherwise works for or is associated with any nonprofit corporation, foundation, or organization, that enters into any agreement with the board related to the operation of any committee or program to identify, investigate, counsel, monitor, or assist a medical psychologist, physician assistant, or podiatrist who suffers or may suffer from alcohol or substance abuse or a physical or mental condition, which could compromise his ability to practice with reasonable skill and safety to patients, for any investigation, action, report, recommendation, decision, or opinion undertaken, performed, or made in connection with or on behalf of such committee or program, without malice and in the reasonable belief that such investigation, action, report, recommendation, decision, or opinion was warranted.
Acts 2012, No. 431, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1282. Annual publication of list of license holders; evidence

RS 37:1282 - Annual publication of list of license holders; evidence
The board shall publish annually a list of the names and residences of the holders of licenses issued under this Part. This published list shall be received in evidence by the courts as proof that the individuals named are duly registered. The board may strike from this list the name of any person whose license has been suspended or revoked, or may state therein any restriction imposed on such license.
The board may furnish such list to any agency, board, or organization having a reasonable need for such list.
Acts 1975, No. 350, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1283. Reports by board

RS 37:1283 - Reports by board
The board shall report annually to the governor upon the condition of the practice of medicine in the state, make recommendations for the improvement of the practice, and send a record of the proceedings of the board during the year, together with the names of all physicians to whom the board issued licenses during the year.
Acts 1975, No. 350, §1; Acts 1985, No. 302, §2; Acts 2001, No. 17, §1, eff. May 17, 2001.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1284. Provisions relative to unlicensed physicians

RS 37:1284 - Provisions relative to unlicensed physicians
Unlicensed physicians shall not be permitted to collect any fees or charges for services rendered, or be allowed to testify as a medical expert in any court, or execute public or legal documents as a physician, or hold any medical office, or be recognized by the state or parish or municipal corporation as a physician, or be entitled to enjoy any of the privileges, rights, or exemptions granted to physicians by the laws of this state.
Acts 1975, No. 350, §1; Acts 1985, No. 302, §2; Acts 2001, No. 17, §1, eff. May 17, 2001.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1285.1. Hearing panels

RS 37:1285.1 - Hearing panels
A. All adjudicatory functions of the board, including alleged violations of the provisions of this and any other Chapter administered by the board, shall be heard by a quorum of the board.
B. At the direction of the board, a hearing panel, consisting of one or more board members and totaling less than a quorum, may hear the charges and submit written findings, conclusions and recommendations to the board to consider in arriving at its decision.
C. Having considered the report of the hearing panel and having reviewed the record of the proceedings, the board may affirm, adopt, modify or reject the findings and recommendations of the hearing panel or it may determine findings and recommendations of its own.
D. The decision of a majority of a quorum shall be adopted as the final decision of the board. A member of the board who serves on a hearing panel shall not participate in the board’s deliberations or final decision with respect to the subject matter of such panel, nor shall said member be considered in determining a quorum for a vote on the final decision of the board.
Acts 2003, No. 209, §1, eff. June, 5, 2003.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1285.3. Security for judicial review of an adjudication

RS 37:1285.3 - Security for judicial review of an adjudication
A.(1) A party seeking judicial review or appeal of a final decision or order of the board in an adjudication proceeding shall furnish the following security:
(a) For that portion of a decision or an order pertaining to payment of a sum of money, whether costs, expenses, a fine, or any combination thereof, the amount of security shall be equal to the amount of the money portion of the decision; however, for good cause shown, it may exceed by one-half the amount of the money portion of the decision.
(b) In all other aspects of judicial review, the security shall be fixed by the court at an amount sufficient to assure satisfaction of and compliance with the decision or order rendered by the board.
(2) Any security furnished under the provisions of this Section shall be posted in favor of the board and shall be furnished by the petitioner in the district court as security for the judicial review, and any judgment by the district court against him shall be paid or satisfied from the proceeds of the sale of his property, or from the security posted under the provisions of this Section. A mortgage on immovable property is adequate security, but only when the mortgage is applied to an unencumbered immovable; a mortgage in other than a first position is unacceptable as security under this Section.
(3) The security required under the provisions of this Section shall be annexed by the petitioner to the petition for judicial review or appeal filed in the district court. In the event the petitioner seeking judicial review or appeal fails to annex satisfactory security to the petition for judicial review or appeal within the time specified for the filing of said judicial review or appeal, then the trial court, on its own motion or upon motion by the board, shall hold an adversarial hearing within five days of service of the motion and either enter a formal order of dismissal of the petition for judicial review or appeal with prejudice or grant a three-day period within which said security shall be filed in the record, in default of which the petition for judicial review or appeal shall be dismissed with prejudice.
(4) Service of the motion described in Paragraph (A)(3) of this Section may be effected by the methods provided in Code of Civil Procedure Article 1313.
B. Notwithstanding petitioner's compliance with the requirements of this Section, the district court shall not issue a stay for that portion of the board's decision or order which does not involve a sum of money unless the petitioner satisfies the requirements of R.S. 37:1285(H).
C. The provisions of this Section shall also apply to any individual who does not possess a license, permit, or other authority issued by the board to engage in the practice of medicine in this state who violates the provisions of this Part.
Acts 2004, No. 152, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1286. Injunction; penalty; attorney fees; costs

RS 37:1286 - Injunction; penalty; attorney fees; costs
A. The board, through its proper officer, may cause to issue in any competent court, a writ of injunction enjoining any person from practicing medicine as defined herein until such person obtains a license under the provisions of this Part. This injunction shall not be subject to being released upon bond.
B. In the suit for an injunction, the board, through its president, may demand of the defendant a penalty of not more than five hundred dollars, and attorney's fees not to exceed one hundred dollars, besides the costs of court. This judgment for penalty, attorney's fees, and costs may be rendered in the same judgment in which the injunction is made absolute.
C. The trial of the proceeding by injunction shall be summary and by the judge without a jury.
Acts 1975, No. 350, §1; Acts 1985, No. 302, §2; Acts 2001, No. 17, §1, eff. May 17, 2001.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1287.1. Reports to the board of convictions and entry of pleas of guilty or nolo contendere of felonies; immunity

RS 37:1287.1 - Reports to the board of convictions and entry of pleas of guilty or nolo contendere of felonies; immunity
A. Within thirty days of the conviction or entry of a plea of guilty or nolo contendere of or by a physician licensed under the laws of the state to a crime which constitutes a felony, or for any crime which is related to the practice of medicine, the court imposing sentence upon such physician shall make a reasonable effort to cause notice of the conviction or plea to be forwarded to the board.
B. There shall be no liability on the part of and no action for damages against any court or member of the judiciary for providing the information required under Subsection A of this Section.
Acts 1999, No. 763, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1288. Anesthetics; administering by midwives

RS 37:1288 - Anesthetics; administering by midwives
No person holding a certificate to practice midwifery shall administer any form of anesthetic to any person under his care unless done by the direction and under the supervision of a licensed physician or unless otherwise expressly authorized to do so by the board.
Acts 1975, No. 350, §1.
2023 Louisiana Laws › Revised Statutes › Title 37 - Professions and Occupations › §37:1289. Itinerant vendors of drugs

RS 37:1289 - Itinerant vendors of drugs
No itinerant vendor shall profess to cure or treat disease or deformity by any drug, nostrum, manipulation, or other expedient which he may offer for sale or demonstration.
Acts 1975, No. 350, §1.