reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-301 - Board Hearing Procedures and Jurisdiction

Current through Register Vol. 50, No. 6, June 20, 2024
A. Person. The board has jurisdictional
				authority over the person practicing pharmacy, assisting in the practice of
				pharmacy, operating a pharmacy, or otherwise licensed, registered, certified,
				or permitted by the board. A person is as defined in
				R.S.
				37:1164(33) of the Pharmacy
				Practice Act.
B. Subject Matter.
				The board has jurisdiction over any subject matter related to the practice of
				pharmacy or any other matter regarding the dispensing or selling of
				prescription drugs in a safe manner so as not to endanger the public health,
				safety, or welfare.
C. Board
				Authority. The board has authority to adopt rules pursuant to the Pharmacy
				Practice Act,
				R.S.
				37:1161 et seq., and the Administrative
				Procedure Act,
				R.S.
				49:950 et seq., regarding due process
				disciplinary hearings.
D. Venue. A
				due process hearing shall convene in a designated Louisiana parish at a
				regularly called board meeting.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-303 - Summons

Current through Register Vol. 50, No. 6, June 20, 2024
A. A summons shall
				represent a complaint of an alleged violation directed to a
				respondent.
B. Hearing Notice. The
				board shall initiate a hearing by issuing a notice summons. The notice summons
				shall be forwarded to the respondent commanding his presence to appear before
				the board for a due process hearing setting forth the following.
1. Name. The notice shall include the
				respondent's name and address.
2.
				Time. The notice shall state the designated time, date, and place.
3. Allegation. The notice shall recite the
				alleged violation(s) establishing a cause of action and the nature of the
				hearing.
4. Authority. The notice
				shall make references to specific board, state, or federal statutes,
				regulations, rules, policies, or code of ethics involved in the alleged
				violation(s).
5. Citation. The
				notice shall cite legal or jurisdictional authority constituting an alleged
				violation(s).
6. Documents. The
				notice may include supporting documents, reports, and/or other relevant
				material.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-305 - Service

Current through Register Vol. 50, No. 6, June 20, 2024
A. Method. Service
				of a summons shall be made either by regular, registered, or certified mail,
				with a return receipt requested, or board or court designated process servers
				confected by tendering the summons to the respondent personally or domiciliary
				at the last known address.
B. Time.
				Service shall be made at least 30 days prior to the date of the hearing as per
				R.S.
				37:1245.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1245.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-307 - Default Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board may proceed with a hearing in the event the respondent fails to appear
				after due notice was perfected or a diligent effort had been made to perfect
				service on the respondent at the last known address of record.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-309 - Joinder

Current through Register Vol. 50, No. 6, June 20, 2024
A. Several
				complaints may be joined or incorporated and the respondents may be joined in
				the same or similar complaints based on the same or similar acts or
				transactions that are connected in a common plan or scheme.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-311 - Consolidation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Hearings may be
				held jointly to assure a fair due process hearing. Any alleged violations may
				be consolidated for an administrative hearing of respondents.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-313 - Severance

Current through Register Vol. 50, No. 6, June 20, 2024
A. A severance of
				complaints is permitted when a fair due process hearing will not be satisfied.
				Otherwise, complaints may be heard jointly.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-315 - Motions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Hearing Motions.
				Motions are directed to the board or presiding officer for particular relief or
				action before, during, or after a hearing and shall be in writing when
				applicable, and allege specifically the grounds upon which the relief is based,
				and filed with the board five days before hearing or within 10 days
				post-hearing or timely filed during the hearing. At an appropriate time to be
				decided by the hearing officer, oral or written motions may be directed to the
				presiding hearing officer during a hearing. Hearing motions are directed to the
				presiding hearing officer and disposed of appropriately.
B. Continuance Motions
1. Postponement Motions. The board may grant
				or deny a continuance based upon critical or extenuating circumstances that
				could jeopardize a fair and expeditious due process hearing.
2. Time. Continuance motions shall be filed
				in writing at least five days prior to the scheduled hearing with specific
				grounds for postponement. This requirement may be waived by the board under
				emergency circumstances.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-317 - Recusation

Current through Register Vol. 50, No. 6, June 20, 2024
A. A board member
				or special counsel may be recused by one's own motion because of an inability
				to contribute to a fair and impartial hearing or may be recused by a majority
				vote of the board members present based on the following grounds:
1. prejudicial or personal interest in a case
				that might prevent one from participating in an impartial hearing;
2. the board may recuse the presiding
				administrative hearing officer on his own motion or he may be disqualified
				based upon his own inability to contribute to or conduct an impartial hearing
				by the respondent filing an affidavit of specific grounds at least five days
				prior to the scheduled hearing.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-319 - Sequestration

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon request by
				either respondent or special counsel or by direction of the hearing officer,
				witnesses shall be sequestered and not allowed in the hearing chambers or
				permitted to discuss their testimony with other witnesses.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-321 - Sanction Guidelines

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				sanctions imposed by the board pursuant to
				R.S.
				37:1241 of the Pharmacy Practice Act shall be
				based on the following guidelines.
1. Nature.
				The nature or seriousness of the violation.
2. Degree. The degree of culpability,
				knowledge and/or intent, or the responsibility to have knowledge.
3. Scope. The scope of circumstances
				involved.
4. Demeanor. Honesty and
				truthfulness of respondent.
5.
				History. History of prior offenses.
6. Sanctions. Prior sanctions.
7. Cooperation. Willingness of respondent to
				comply with applicable laws and regulations and avoid future
				violations.
8. Sufficiency.
				Sanctions are sufficient to remedy the problem.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-323 - Administrative Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon
				the receipt of a written complaint, board staff shall initiate and conduct an
				investigation.
1. Grounds. The investigative
				report shall be reviewed by board-designated staff and forwarded to the
				violations committee or legal counsel to determine sufficient grounds for
				proceeding either informally or formally.
2. The report shall include:
a. respondent's name and address;
				and
b. a concise statement of facts
				and circumstances indicating the basis of the routine or specific complaint or
				cause of action; and
c. supporting
				documents and/or materials.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-325 - Violations Committee

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Purpose. Board-designated staff shall receive reports and complaints and review
				and evaluate findings to determine the nature and disposition of the alleged
				violation(s). The alleged violation(s) may then be directed to:
1. violations committee for informal
				hearing;
2. violations committee
				for interlocutory hearing; and/or
3. special counsel for institution of a
				formal administrative hearing.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-327 - Impairment Committee

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Impairment. Impairment means a condition that causes an infringement on the
				ability of an individual to practice, or assist in the practice of, pharmacy
				sufficient to pose a danger to the public. Impairment may be caused by, but is
				not limited to, alcoholism, substance abuse or addiction, mental illness, or
				physical illness.
B. The impairment
				committee shall have the following responsibilities:
1. supervise the Practitioner Recovery
				Program;
2. recommend for board
				consideration any addictionists or other professionals utilized by the
				program;
3. recommend for board
				consideration any action for reinstatement of recovering persons;
4. any other related responsibilities deemed
				appropriate by the board.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-329 - Formal Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Authority.
				The board shall provide a formal administrative hearing pertaining to the
				proprietary rights or privilege to practice pharmacy, or operate a pharmacy, or
				hold a certificate or registration, in accordance with the Administrative
				Procedure Act,
				R.S.
				49:950 et seq., with authority to take
				disciplinary action pursuant to
				R.S.
				37:1241 of the Pharmacy Practice
				Act.
B. Ex-Parte Communication.
				Once a formal hearing has been initiated and notice served, board members
				participating in the decision process shall not communicate with a respondent
				or a respondent's attorney concerning any issue of fact or law involved in the
				formal hearing.
C. Notice. A formal
				disciplinary public proceeding may be initiated upon proper notice to a
				respondent and held at a designated time and place based upon the following
				grounds:
1. violation-sufficient evidence or a
				serious complaint of an alleged violation to require a formal hearing shall be
				directed to legal or special counsel for administrative prosecution to justify
				a formal hearing; or
2. failure to
				respond-a failure by the respondent to respond to the violations committee
				informal inquiry; or
3.
				irresolvable issues-a violations committee informal hearing fails to resolve
				all issues and requires further formal action; or
4. irreconcilable issues-an interlocutory
				hearing fails to resolve all pertinent pending issues thus requiring further
				formal action; or
5.
				reaffirmation-reaffirmation of an interlocutory decree; or
6. requirement-a formal administrative
				hearing requirement.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-331 - Formal Hearing Procedures

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Hearing Officers
1. Administrative Hearing
				Officer. The presiding hearing officer may be the board president, a
				vice-president, or other individual appointed by the president or his
				successor. The hearing officer has the responsibility to conduct a fair and
				impartial proceeding with the administrative duty and authority to:
a. convene an administrative board
				hearing;
b. rule on motions and
				procedural questions arising during the hearing such as objections or
				admissibility of evidence or examination of witnesses;
c. issue or direct staff to issue
				subpoenas;
d. declare
				recess;
e. maintain
				order;
f. enforce a standard of
				conduct to insure a fair and orderly hearing;
g. remove disruptive person(s) from a
				hearing.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-333 - Pre-Hearing Conference

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Respondents and/or their legal counsel in matters pending before the board may
				be directed by the presiding administrative hearing officer to appear at a
				pre-hearing conference to consider the simplification of the issues, admission
				of facts, or stipulations to documents which may avoid unnecessary proof and
				such other items as may aid in the disposition of the matter(s)
				pending.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-335 - Consent Agreements

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Respondents may enter into consent agreements with the board on any matter
				pending before the board. A consent agreement is not final until the board
				approves the consent agreement by majority vote of the administrative jury. If
				the consent agreement is rejected in full or part, the matter shall be heard at
				the next regularly scheduled board hearing. However, nothing herein shall limit
				the board from modifying a consent agreement, with respondent's approval, to
				include less severe sanctions than those originally agreed to in a pending
				consent agreement.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-337 - Opening Statement

Current through Register Vol. 50, No. 6, June 20, 2024
A. An
				opening statement by legal or special counsel may present a brief position
				comment with an outline of evidence to be offered. Respondent or respondent's
				legal counsel may present an opening defense position statement.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-339 - Evidence

Current through Register Vol. 50, No. 6, June 20, 2024
A. Testimony
				Received. Testimony shall be received under oath administered by the presiding
				hearing officer, the executive director, or other staff or board member
				designated by the hearing officer.
B. Evidence Introduction. All parties shall
				be afforded an opportunity to present evidence on all issues of fact and argue
				on all issues of law and respond by direct testimony, followed with cross
				examination as may be required for a full and true disclosure of the facts. The
				direct presentation of evidence shall be introduced by the legal or special
				counsel and shall be followed by the respondent in proper person or by legal
				counsel by direct and/or cross-examination and/or rebuttal.
C. Examination. Witnesses may be directly
				examined and cross-examined. Additionally, witnesses and/or respondents may be
				questioned during an administrative hearing by members of the administrative
				jury on matters for clarification.
D. Rule Interpretation. Liberal rules of
				evidence shall be employed by the presiding hearing officer to provide adequate
				facts and law necessary for the board to deliberate and decide each case. The
				board's administrative hearing shall not be bound to strict rules of
				evidence.
E. Admissibility.
				Admissibility of evidence and testimony shall be determined by the presiding
				hearing officer as provided by law.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-341 - Closing Arguments

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Closing arguments may be made by respondent in proper person or by legal
				counsel followed by closing arguments from prosecuting legal or special
				counsel.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-343 - Board Decisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board's decision shall be based on finding(s) of fact and conclusion(s) of law.
				The board's decision shall be based on a preponderance of the evidence
				presented at a formal hearing, together with the board's determination of any
				appropriate sanctions, by an affirmative majority record vote of the board
				members participating in the decision process. Decisions shall be recorded and
				made a part of the record.
1. Board Order.
				The board's order shall be rendered at the open hearing or taken under
				advisement and rendered within 30 days of the hearing and then served
				personally or domiciliary at the respondent's last known address by regular,
				registered, or certified mail, or by a diligent attempt thereof.
2. Finality of Board Order. The board's order
				becomes final eleven days after receipt of notification of the board's decision
				by respondent, provided an appeal is not filed.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-345 - Complaint Dismissal

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				board, in their discretion and based upon lack of evidence, may orally dismiss
				at an open hearing a pending matter or parts thereof.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-347 - Transcripts

Current through Register Vol. 50, No. 6, June 20, 2024
A. A complete
				record of all formal hearing proceedings shall be transcribed, maintained, and
				available upon written request with sufficient costs of the preparation of the
				transcript for a minimum of three years from the date the pertinent order(s) is
				final.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-349 - Contempt

Current through Register Vol. 50, No. 6, June 20, 2024
A. A failure of a
				respondent or witness to comply with a board order, after being duly served,
				constitutes contempt and the board may petition a court of competent
				jurisdiction to rule the witness or respondent in court to show cause why he
				should not be held in contempt of court.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-351 - Administrative Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. Rehearing.
				An aggrieved respondent may file within 10 days a rehearing motion in proper
				form requesting reconsideration or a rehearing by the board or by the
				interlocutory hearing panel.
B.
				Grounds. The board or an interlocutory hearing panel may reconsider the motion
				for rehearing at the next regularly scheduled board meeting. The grounds for
				such action shall be either that:
1. the
				board's decision was clearly contrary to the law or evidence; or
2. newly discovered evidence not available at
				the time of the hearing which may be sufficient to reverse the board's
				decision; or
3. issues not
				previously considered ought to be examined; or
4. it is in the public interest to reconsider
				the issues and the evidence.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-353 - Judicial Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. An aggrieved
				respondent may appeal the board's decision to a court of appropriate
				jurisdiction within 30 days from the board order or rehearing motion
				denial.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1248.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-355 - Reporting

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may
				publish in the board's newsletter the sanctions imposed by the board that are
				of public interest and the public's right to know.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-357 - Reinstatement

Current through Register Vol. 50, No. 6, June 20, 2024
A. An application
				for reinstatement based on revocation or suspension of a pharmacist license,
				pharmacy permit, certification, registration, or any other designation
				authorized by the board shall be filed with and heard by the reinstatement
				committee for consideration and recommendation to the full board. The board may
				then hold a formal hearing whereby the burden of proof shifts to the applicant
				to demonstrate and support with substantial evidence respondent's
				rehabilitation and that the reinstatement of the license, permit,
				certification, registration, or other board-authorized designation at issue
				would not pose a danger to the public's health, safety, or welfare.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-359 - Declaratory Statements and Advisory Opinions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board may issue declaratory rulings in
				accordance with the Administrative Procedure Act,
				R.S.
				49:950 et seq. These may include a
				declaratory statement or an advisory opinion, in the form of a ruling which has
				the same status as board decision in adjudicated cases, in response to a
				request for clarification of the effect of rules and regulations or of
				R.S.
				37:1161 et seq. Advisory opinions as a
				statement of the board's ruling are generally rendered in cases that relate to
				specific situations. Declaratory statements contain the board's ruling relative
				to the petition, with the principles and rationale that support the ruling.
				Declaratory statements are generally rendered in situations that relate to
				widespread situations. Neither an advisory opinion nor a declaratory statement
				has the binding force of law, but they represent the board's expert opinion
				relative to the matter in question.
B. A request for a declaratory statement or
				for an advisory opinion is made in the form of a petition to the board. At a
				minimum, the petition shall include:
1. the
				name and address of the petitioner;
2. specific reference to the statutes or
				rules and regulations to which the petition relates;
3. a concise statement of the manner in which
				the petitioner is aggrieved by the rule, regulation, or statute, or by its
				potential application to the petitioner, or in which the petitioner is
				uncertain of its effects;
4. a
				statement of whether an oral hearing is desired; and
5. other information appropriate for the
				board's deliberation on the request.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 3 - Board Hearings › Section LIII-361 - Cease and Desist Orders; Injunctive Relief

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board is empowered to issue an order
				to any person or firm engaged in any activity, conduct, or practice
				constituting a violation of the Louisiana Pharmacy Practice Act or the
				regulations promulgated thereto, directing such person or firm to forthwith
				cease and desist from such activity, conduct, or practice.
B. If the person or firm to whom the board
				directs a cease and desist order does not cease and desist the prohibited
				activity, conduct, or practice within the timeframe directed by said order, the
				board may seek, in any court of competent jurisdiction and proper venue, a writ
				of injunction enjoining such person or firm from engaging in the activity,
				conduct, or practice.
C. Upon
				proper showing of the board that such person or firm has engaged in the
				prohibited activity, conduct, or practice, the court shall issue a temporary
				restraining order restraining the person or firm from engaging in unlawful
				activity, conduct, or practices pending the hearing on a preliminary
				injunction, and in due course a permanent injunction shall be issued after a
				hearing, commanding the cessation of the unlawful activity, conduct, or
				practices complained of.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 5 - Pharmacists › Subchapter A - General Requirements › Section LIII-501 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. An application
				  for initial pharmacist licensure, whether by examination or reciprocity, shall
				  be submitted, with appropriate fee, to the board. An application shall expire
				  one year after the date of receipt in the board office.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 5 - Pharmacists › Subchapter A - General Requirements › Section LIII-503 - Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A. Examination. A
				  board-approved licensure examination shall consist of integrated pharmacy
				  subject matters and any other disciplines the board may deem appropriate in
				  order to demonstrate competence. An applicant shall achieve a passing score, as
				  determined by the board, in the pharmacy examination.
B. Re-Examination. In the event the candidate
				  fails the examination, the candidate may repeat the examination in compliance
				  with the test administrator's policy.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 5 - Pharmacists › Subchapter A - General Requirements › Section LIII-505 - Licensure

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board shall
				  issue a license upon payment of the appropriate fees when the board is
				  satisfied the applicant is competent to practice pharmacy in the state.
1. Renewal. The board shall make the annual
				  pharmacist license renewal application available to all currently licensed
				  Louisiana pharmacists prior to November 1. The completed application along with
				  the appropriate fee shall be submitted to the board by December 31 of each
				  year. A renewal of licensure shall serve as proof of licensure and a
				  pharmacist's license to practice pharmacy for that year of issuance.
a. Active. A pharmacist applicant shall pay
				  the annual renewal fee, attain minimum continuing pharmacy education (CPE) as
				  required, and complete and submit the annual renewal form to the board office
				  before December 31 of each year.
b.
				  Inactive. A pharmacist applicant may make a written request for inactive status
				  from the board. The inactive pharmacist must complete the annual renewal form
				  furnished by the board and submit it with the appropriate fee to the board
				  before December 31 of each year. An inactive pharmacist shall not engage in the
				  practice of pharmacy and is not required to obtain CPE. In order to upgrade an
				  inactive license to active status, an inactive pharmacist shall petition the
				  board and meet requirements of the reinstatement committee and the board. The
				  board shall set the requirements necessary to assure competency for each
				  individual applying for active status.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 5 - Pharmacists › Subchapter A - General Requirements › Section LIII-506 - Preferential Licensing Procedures for Military-Trained Applicants and Their Dependents

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Definitions. The following terms shall have the meaning ascribed to them in
				  this Subsection:
Dependent
-a resident spouse or resident
					 unmarried child under the age of 21 years, a child who is a student under the
					 age of 24 years and who is financially dependent upon the parent, or a child of
					 any age who is disabled and dependent upon the parent.
Jurisdiction
-any state or territory of the
					 United States of America.
Military-
the armed forces or reserves of
					 the United States, including the Army, Navy, Marine Corps, Coast Guard, Air
					 Force, and the reserve components thereof, the National Guard of any state, the
					 Military Reserves of any state, or the naval militia of any state.
B. Eligibility. The following
				  persons are eligible for the preferential licensing procedures provided by this
				  Section:
1. a member of the military who has
				  been assigned to duty in Louisiana or his dependent;
2. a civilian employee of the United States
				  Department of Defense who has been assigned to duty in Louisiana or his
				  dependent;
3. a member of the
				  military or civilian employee of the United States Department of Defense or
				  their dependents who have established this state as their state of legal
				  residence in their military record.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 5 - Pharmacists › Subchapter A - General Requirements › Section LIII-507 - Continuing Education Program

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  The board, recognizing that professional competency is a safeguard for the
				  health, safety, and welfare of the public, shall require continuing pharmacy
				  education as a prerequisite for annual licensure renewal for
				  pharmacists.
B. Definitions
1.
ACPE
-Accreditation
				  Council for Pharmacy Education.
2.
CPE
-continuing pharmacy education, a structured postgraduate
				  educational program for pharmacists to enhance professional
				  competence.
3.
CPE
				  Monitor
-a collaborative service from the National Association of
				  Boards of Pharmacy (NABP) and the Accreditation Council for Pharmacy Education
				  (ACPE) that provides an electronic system for pharmacists and pharmacy
				  technicians to record and track their completed CPE activities.
4.
CPE Unit
-a standard of
				  measurement adopted by the ACPE for the purpose of accreditation of CPE
				  programs. One CPE unit is equivalent to 10 credit hours.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 5 - Pharmacists › Subchapter A - General Requirements › Section LIII-508 - Preferential Licensing Procedures for Dependents of Healthcare Professionals Relocating to Louisiana

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Definitions
1. As used in this Section, the
				  following terms shall have the meaning ascribed to them in this Subsection:
Dependent
-any of the following who
					 relocates to Louisiana with a healthcare professional:
i. the healthcare professional's
				  spouse;
ii. the healthcare
				  professional's unmarried child under the age of 21 years;
iii. the healthcare professional's child who
				  is a student under the age of 24 years and who is financially dependent upon
				  the healthcare professional;
iv.
				  the healthcare professional's child of any age who is disabled and financially
				  dependent upon the healthcare professional.
Healthcare Professional
-a person who
					 provides healthcare or professional services in Louisiana as a physician,
					 physician assistant, dentist, registered or licensed practical nurse or
					 certified nurse assistant, advanced practice registered nurse, certified
					 emergency medical technician, paramedic, certified registered nurse
					 anesthetist, nurse practitioner, respiratory therapist, clinical nurse
					 specialist, pharmacist, physical therapist, occupational therapist, licensed
					 radiologic technologist, chiropractor, or licensed clinical laboratory
					 scientist; and further, has relocated to and established his legal residence in
					 Louisiana, holds a valid license to provide healthcare services in Louisiana,
					 and is providing healthcare services in Louisiana.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 5 - Pharmacists › Subchapter A - General Requirements › Section LIII-509 - Address Change

Current through Register Vol. 50, No. 6, June 20, 2024
A. A licensed
				  pharmacist shall notify the board within 10 days, with documentation, attesting
				  to any change of mailing and/or home address. This documented notice shall
				  include the pharmacist's full name and license number, and the old and new
				  address.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 5 - Pharmacists › Subchapter A - General Requirements › Section LIII-511 - Employment Change

Current through Register Vol. 50, No. 6, June 20, 2024
A. A licensed
				  pharmacist shall notify the board within 10 days, with documentation, attesting
				  to any change in employment. This documented notice shall include the
				  pharmacist's full name and license number, the name and address of old and new
				  employment, and the permit numbers of those pharmacies involved.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 5 - Pharmacists › Subchapter A - General Requirements › Section LIII-514 - Impairment

Current through Register Vol. 50, No. 6, June 20, 2024
A.
Impairment
or
Impaired
-a condition that
				  causes an infringement on the ability of a person to practice, or assist in the
				  practice, of pharmacy sufficient to pose a danger to the public.
Impairment
may be caused by, but is not limited to,
				  alcoholism, substance abuse or addiction, mental illness, or physical
				  illness.
B. Pharmacists shall be
				  non-impaired.
C. Pharmacists who
				  have knowledge another pharmacist, pharmacy intern, pharmacy technician, or
				  pharmacy technician candidate is impaired shall notify the board of that fact
				  as soon as possible.
D. Pharmacists
				  may be subject to a medical evaluation for impairment by a board-approved
				  addictionist, as authorized by the Louisiana Pharmacy Practice Act,
				  R.S.
				  37:1161 et seq.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1182.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 5 - Pharmacists › Subchapter B - Professional Practice Procedures › Section LIII-515 - Prospective Drug Utilization Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. A pharmacist shall review the patient
				  record and each prescription presented for dispensing for purposes of enhancing
				  pharmacy care and therapeutic outcomes by recognizing the following potential
				  situations:
1. drug over-utilization or
				  under-utilization;
2. therapeutic
				  duplication;
3. drug-disease
				  contraindications;
4. drug-drug
				  interactions;
5. inappropriate drug
				  dosage or treatment duration;
6.
				  drug-allergy interactions; or
7.
				  clinical abuse/misuse.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 5 - Pharmacists › Subchapter B - Professional Practice Procedures › Section LIII-517 - Patient Counseling

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Patient counseling means the effective communication by a pharmacist of
				  information to the patient or caregiver, in order to ensure proper use of drugs
				  and devices.
B. Minimum
				  Requirements. At a minimum, the pharmacist should be convinced that the patient
				  or caregiver is informed of the following:
1.
				  name and description of the medication;
2. dosage form, dosage, route of
				  administration, and duration of therapy;
3. special directions and precautions for
				  preparation, administration, and use by the patient;
4. common severe side effects or adverse
				  effects or interactions and therapeutic contraindications that may be
				  encountered, including their avoidance, and the action required in the event of
				  their occurrence;
5. techniques for
				  self-monitoring drug therapy;
6.
				  proper storage of the medication;
7. prescription refill information, if any;
				  and
8. the action to be taken in
				  the event of a missed dose.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 5 - Pharmacists › Subchapter B - Professional Practice Procedures › Section LIII-519 - State of Emergency

Current through Register Vol. 50, No. 6, June 20, 2024
A. When
				  the Governor issues, or renews, a state of emergency pursuant to the Emergency
				  Assistance and Disaster Act of 1993,
				  R.S.
				  29:721 et seq. or a state of public health
				  emergency pursuant to the Louisiana Health Emergency Powers Act,
				  R.S.
				  29:760 et seq.:
1. A pharmacist may dispense an emergency
				  prescription of up to a 90-day supply of a prescribed medication if:
a. in the pharmacist's professional opinion
				  the medication is essential to the maintenance of life or to the continuation
				  of therapy; and
b. the pharmacist
				  makes a good faith effort to reduce the information to a written prescription
				  marked "emergency prescription", then file and maintain the prescription as
				  required by law.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 5 - Pharmacists › Subchapter B - Professional Practice Procedures › Section LIII-521 - Administration of Medications

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Education and Training Required; Supervision
1. Pharmacists who intend to administer
				  medications to their patients shall obtain the education and training described
				  within this Section prior to engaging in such activity.
2. Pharmacists who intend to supervise other
				  pharmacy personnel who administer medications to patients shall obtain the
				  education and training described within this Section prior to engaging in such
				  activity.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 5 - Pharmacists › Subchapter B - Professional Practice Procedures › Section LIII-523 - Collaborative Drug Therapy Management

Current through Register Vol. 50, No. 6, June 20, 2024
A. Definitions. As used in this Chapter, the
				  following terms shall have the meaning ascribed to them in this Section.
Board
- the Louisiana Board of
					 Pharmacy.
Collaborative Drug Therapy Management
or
Drug Therapy Management
- that practice in which a pharmacist
					 voluntarily agrees with a physician to manage the disease specific drug therapy
					 of one or more patients of such physician, within a predetermined range of
					 medication selected by the physician and set forth in a patient specific
					 written order set. Drug therapy management shall be limited to:
a. monitoring and modifying a disease
				  specific drug therapy;
b.
				  collecting and reviewing patient history;
c. obtaining and reviewing vital signs,
				  including pulse, temperature, blood pressure, and respiration;
d. ordering, evaluating, and applying the
				  results of laboratory tests directly related to the disease specific drug
				  therapy being managed under an order set, provided such tests do not require
				  the pharmacist to interpret such testing or formulate a diagnosis;
				  and
e. providing disease or
				  condition specific patient education and counseling.
Controlled Substance
- any substance
					 defined, enumerated, or included in federal or state statute or regulations, or
					 any substance which may hereafter be designated as a controlled substance by
					 amendment or supplementation of such statute or regulations.
Disease Specific Drug Therapy
- a specific
					 drug or drugs prescribed by a physician for a specific patient of such
					 physician that is generally accepted within the standard of care for treatment
					 of the disease or condition.
Drug
-
a. any substance recognized as a drug in the
				  official compendium, or supplement thereto, designated by the board for use in
				  the diagnosis, cure, mitigation, treatment or prevention of diseases in humans
				  or animals;
b. any substance
				  intended for use in the diagnosis, cure, mitigation, treatment or prevention of
				  diseases in humans or other animals; or
c. any substance other than food intended to
				  affect the structure or any function of the body of humans or other
				  animals.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 5 - Pharmacists › Subchapter B - Professional Practice Procedures › Section LIII-525 - Cognitive Services

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Definitions. As used in this Chapter, the following terms shall have the
				  meaning ascribed to them in this Section.
Cognitive Services
-those acts and
					 operations related to a patient's drug therapy that are judgmental in nature,
					 based on knowledge, and derived from empirical factual information. Such
					 services may include, but are not necessarily limited to, the following:
a. drug regimen review, drug use evaluation
				  and drug information;
b. provision
				  of advice and counsel on drugs, the selection and use thereof to the facility,
				  the patients therein, the health care providers of the facility regarding the
				  appropriateness, use, storage, handling, administration, and disposal of drugs
				  within the facility;
c.
				  participation in the development of policies and procedures for drug therapy
				  within the institution, including storage, handling, administration, and
				  disposing of drugs and devices;
d.
				  assuring the compliance with all applicable laws, rules, and
				  regulations;
e. provision of
				  educational and drug information sources for the education and training of the
				  facility health care professionals;
f. accepting responsibility for the
				  implementation and performance of review of quality-related or sentinel events.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 7 - Pharmacy Interns › Section LIII-701 - Definition

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
pharmacy intern
is an individual who is not yet licensed as a
				pharmacist in any jurisdiction, and is:
1.
				engaged in the practice of pharmacy while under the direct and immediate
				supervision of a pharmacist for the purpose of obtaining practical experience
				for licensure as a pharmacist, and is satisfactorily progressing in a
				board-approved college of pharmacy; or
2. a graduate of a board-approved college of
				pharmacy awaiting examination for licensure; or
3. a graduate who has established educational
				equivalency through a program approved by the board; or
4. an individual participating in a residency
				or fellowship.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 7 - Pharmacy Interns › Section LIII-703 - Registration

Current through Register Vol. 50, No. 6, June 20, 2024
A. All pharmacy
				interns shall meet the following requirements for registration.
1. All pharmacy interns shall register with
				the board. The failure to register may result in disciplinary action by the
				board.
a. The applicant shall submit to the
				board office a properly completed application no later than the end of the
				first semester of the first academic year at a board-approved college of
				pharmacy.
b. The board may issue an
				intern registration to the applicant, upon receipt of a properly completed
				application, appropriate fee, and any other documentation required by the board
				office.
c. The intern registration
				shall expire one year after the certification of graduation from a
				board-approved college of pharmacy.
i. Intern
				registrations issued to foreign pharmacy graduates shall expire two years after
				the date of issue.
d.
				The board shall reserve the right to recall or refuse to issue any intern
				registration for cause.