reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 74 - Collaborative Drug Therapy Management › Subchapter C - Registration › Section XLV-7409 - Registration Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Application for registration to engage in collaborative drug therapy management
					 shall be made upon forms supplied by the board.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270(A)(1), 1270(B)(6),
						and
						37:1164(37).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 74 - Collaborative Drug Therapy Management › Subchapter C - Registration › Section XLV-7415 - Expiration of Registration; Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Registration of authority to engage in
					 collaborative drug therapy management shall expire annually on the same day as
					 a physician's medical license unless renewed by a physician by submitting an
					 application to the board upon forms supplied by the board, together with
					 verification of the accuracy of registration and collaborative drug therapy
					 management agreement information on file with the board. An application for
					 registration renewal shall be made part of and/or accompany a physician's
					 renewal application for medical licensure.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270(A)(1), 1270(B)(6),
						and
						37:1164(37).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 74 - Collaborative Drug Therapy Management › Subchapter D - Collaborative Drug Therapy Advisory Committee › Section XLV-7417 - Constitution of Committee

Current through Register Vol. 50, No. 6, June 20, 2024
A. To
					 assist the board on matters relative to collaborative drug therapy management,
					 a Collaborative Drug Therapy Management Advisory Committee is hereby
					 constituted, to be composed and appointed, to have such functions, and to
					 discharge such duties and responsibilities as hereinafter provided.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270(A)(1), 1270(B)(6)
						and
						37:1164(37).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 74 - Collaborative Drug Therapy Management › Subchapter D - Collaborative Drug Therapy Advisory Committee › Section XLV-7421 - Duties and Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 advisory committee is authorized by the board to assist by:
1. providing advice and recommendations to
					 the board respecting the modification, amendment, and supplementation of its
					 rules concerning physicians who engage in collaborative drug therapy
					 management;
2. serving as a liaison
					 between and among the board, physicians and pharmacists who engage in
					 collaborative drug therapy management; and
3. identifying and recommending to the board
					 acceptable certificate programs and other advanced training or programs in the
					 areas of practice covered by collaborative drug therapy management.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 74 - Collaborative Drug Therapy Management › Subchapter E - Standards of Practice › Section XLV-7423 - Authority, Responsibility and Limitations of Collaborative Drug Therapy Management

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
					 physician may only engage in collaborative drug therapy management with a
					 pharmacist in accordance with a patient specific, drug specific, disease or
					 condition specific order set satisfying the requirements of
					 §7429 of this Chapter.
B. A physician engaged in collaborative drug
					 therapy management shall:
1. retain
					 professional responsibility to his/her patients for the management of their
					 drug therapy;
2. establish and
					 maintain a physician-patient relationship with each patient subject to the
					 collaborative drug therapy management;
3. be geographically located so that the
					 physician, or a back-up physician, is able to be physically present daily to
					 provide medical care to a patient subject to collaborative drug therapy
					 management;
4. receive on a
					 scheduled basis no less than every three months, a status report on the patient
					 including, but not limited to any problem, complication or other issues
					 relating to patient non-compliance with drug therapy management. This
					 requirement may be met by entering the information in the patient's medical
					 record; and
5. be available through
					 direct telecommunication for consultation, assistance, and direction.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 74 - Collaborative Drug Therapy Management › Subchapter E - Standards of Practice › Section XLV-7425 - Informed Consent

Current through Register Vol. 50, No. 6, June 20, 2024
A. A physician
					 shall not engage in collaborative drug therapy management of a patient without
					 the patient's written informed consent.
B. In addition to the requirements provided
					 by law for obtaining a patient's informed consent, each patient who is subject
					 to collaborative drug therapy management shall be:
1. informed of the collaborative nature of
					 drug therapy management for the patient's specific medical disease or condition
					 and provided instructions and contact information for follow-up visits with the
					 physician and pharmacist;
2.
					 informed that he or she may decline to participate in a collaborative drug
					 therapy management practice and may withdraw at any time without terminating
					 the physician-patient relationship; and
3. provided written disclosure of any
					 contractual or financial arrangement with any other party that may impact one
					 of the party's decisions to participate in the agreement.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 74 - Collaborative Drug Therapy Management › Subchapter E - Standards of Practice › Section XLV-7429 - Order Sets

Current through Register Vol. 50, No. 6, June 20, 2024
A. An order set
					 shall be utilized for each patient to be managed by collaborative drug therapy
					 management. The order set shall incorporate whatever patient specific
					 variations the physician may deem necessary and shall adhere to generally
					 accepted standards of care. A copy of the order set shall be:
1. provided to the collaborating pharmacist;
					 and
2. made part of the patient's
					 medical record.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 74 - Collaborative Drug Therapy Management › Subchapter E - Standards of Practice › Section XLV-7435 - Reporting Obligations and Responsibilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. A physician engaged in collaborative drug
					 therapy management shall:
1. annually report,
					 as a condition to the renewal of that physician's license, whether or not and
					 the extent to which the physician is engaged in collaborative drug therapy
					 management and such other information as the board may request; and
2. within 15 days of the occurrence or
					 discovery notify the board in writing of complications or errors that are, in
					 the physician's opinion, directly related to drug therapy mismanagement;
					 and
3. comply with reasonable
					 requests by the board for personal appearances and/or information relative to
					 the functions, activities and performance of a physician or pharmacist engaged
					 in collaborative drug therapy management.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 74 - Collaborative Drug Therapy Management › Subchapter E - Standards of Practice › Section XLV-7437 - Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Included in the
					 medical record on a patient subject to collaborative drug therapy management
					 shall be a copy of:
1. the prescription or
					 order implementing drug therapy management and any subsequent orders or order
					 sets modifying the therapy;
2.
					 documentation of physician annual review, as well as the quarterly periodic
					 reports required by §7423B.4 of this Chapter;
3. documentation of all activities performed
					 by the physician and pharmacist;
4.
					 consultations and reports by and between the physician and pharmacist;
					 and
5. documentation of the
					 patient's informed consent to collaborative drug therapy management.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 74 - Collaborative Drug Therapy Management › Subchapter F - Sanctions › Section XLV-7439 - Action against Medical License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any violation or failure to comply with
					 the provisions of this Chapter shall be deemed unprofessional conduct and
					 conduct in contravention of the board's rules, in violation of
					 R.S.
					 37:1285(A)(13) and (30),
					 respectively, as well as violation of any other applicable provision of
					 R.S.
					 37:1285(A), providing cause
					 for the board to suspend, revoke, refuse to issue or impose probationary or
					 other restrictions on any license to practice medicine in Louisiana held or
					 applied for by a physician culpable of such violation.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270(A)(1), 1270(B)(6),
						1285, and
						37:1164(37).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 74 - Collaborative Drug Therapy Management › Subchapter F - Sanctions › Section XLV-7441 - Action against Registration

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 For noncompliance with any of the provisions of this Chapter the board may, in
					 addition to or in lieu of administrative proceedings against a physician's
					 license, suspend, revoke, or cancel a physician's registration to engage in
					 collaborative drug therapy management or impose such terms, conditions or
					 restrictions thereon as the board may deem necessary or appropriate.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270(A)(1), 1270(B)(6),
						1285, and
						37:1164(37).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 74 - Collaborative Drug Therapy Management › Subchapter F - Sanctions › Section XLV-7443 - Unauthorized Practice

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Nothing in this Chapter shall be construed as authorizing a pharmacist to issue
					 prescriptions, exercise independent medical judgment, render diagnoses, provide
					 treatment, assume independent responsibility for patient care, or otherwise
					 engage in the practice of medicine as defined in the Medical Practice Act. Any
					 person who engages in such activities, in the absence of medical licensure
					 issued by the board, shall be engaged in the unauthorized practice of medicine
					 and subject to the penalties prescribed by the Medical Practice Act.
B. Any physician who associates with or
					 assists an unlicensed person engage in the practice of medicine shall be deemed
					 to be in violation of
					 R.S.
					 37:1285(A)(18), providing
					 cause for the board to suspend, revoke, refuse to issue or impose probationary
					 or other restrictions on any license to practice medicine in Louisiana held or
					 applied for by a physician culpable of such violation.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270(A)(1), 1270(B)(6),
						1271, 1285, 1286, 1290, and
						R.S.
						37:1164(37).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 75 - Telemedicine › Subchapter A - General Provisions › Section XLV-7501 - Scope of Subchapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 rules of this Subchapter govern the use of telemedicine by physicians licensed
					 to practice medicine in this state and those who hold a telemedicine permit
					 issued by the board to practice medicine in this state via
					 telemedicine.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1262, 1270, 1271, 1275 and
						1276.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 75 - Telemedicine › Subchapter A - General Provisions › Section XLV-7503 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this
					 Chapter and in
					 §408 of these rules, unless the content clearly
					 states otherwise, the following words and terms shall have the meanings
					 specified.
Board
- the Louisiana State Board of
						Medical Examiners, as constituted in the Medical Practice Act.
Controlled Substance
- any substance
						defined, enumerated, or included in federal or state statute or regulations
						21 C.F.R.
						1308.11 -.15 or
						R.S.
						40:964, or any substance which may hereafter
						be designated as a controlled substance by amendment or supplementation of such
						regulations or statute.
Department
-The Louisiana Department of
						Health and Hospitals.
In-Person Visit
-a face-to-face
						evaluation conducted by a physician who is at the same physical location as the
						patient.
Medical Practice Act or the Act
-R.S.
						37:1261-92, as may from time to time be amended.
Physical Practice Location in this
						State
-a clinic, facility, office or other location physically located
						in this state, where the physician spends the majority of his or her time
						practicing medicine.
Physician
-an individual lawfully
						entitled to engage in the practice of medicine in this state as evidenced by a
						current license or a telemedicine permit duly issued by the board.
Physician-Patient
						Relationship
-physicians utilizing telemedicine shall establish a
						proper
physician-patient relationship
by:
Primary Practice Site
-the location at
						which a physician spends the majority of time in the exercise of the privileges
						conferred by licensure or permit issued by the board.
State
-any state of the United States,
						the District of Columbia and Puerto Rico.
Telemedicine
-the practice of health care
						delivery, diagnosis, consultation, treatment, and transfer of medical data by a
						physician using interactive telecommunication technology that enables a
						physician and a patient at two locations separated by distance to interact via
						two-way video and audio transmissions simultaneously. Neither an electronic
						mail message between a physician and a patient, or a true consultation
						constitutes
telemedicine
for the purposes of this Part. A
						physician practicing by telemedicine may utilize interactive audio without the
						requirement of video if, after access and review of the patients medical
						records, the physician determines that he or she is able to meet the same
						standard of care as if the healthcare services were provided in person.
Telemedicine Permit
-a permit issued by
						the board in accordance with
						§408 of these rules.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1262, 1270, 1271, 1275 and
						1276.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 75 - Telemedicine › Subchapter A - General Provisions › Section XLV-7505 - Patient Relationship; Standard of Care; Location of Participants

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Physician-Patient Relationship. Telemedicine shall not be utilized by a
					 physician with respect to any individual located in this state in the absence
					 of a physician-patient relationship.
B. Standard of Care. The practice of medicine
					 by telemedicine, including the issuance of any prescription via electronic
					 means shall be held to the same prevailing and usually accepted standards of
					 medical practice as those in traditional (face-to-face) settings. An online,
					 electronic or written mail message does not satisfy the standards of
					 appropriate care.
C. Location of
					 Participants. A physician using telemedicine may be at any location at the time
					 the services are provided. A patient receiving medical services by telemedicine
					 may be in any location at the time that the services are received.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1262, 1270, 1271, 1275 and
						1276.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 75 - Telemedicine › Subchapter A - General Provisions › Section XLV-7507 - Prerequisite Conditions; Disclosures

Current through Register Vol. 50, No. 6, June 20, 2024
A. The practice of medicine is deemed to
					 occur at the location of the patient. Therefore, no physician shall utilize
					 telemedicine to provide medical services to patients located in this state
					 unless the physician:
1. holds an
					 unrestricted Louisiana medical license; or
2. holds a telemedicine permit as provided in
					 §408 of these rules.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 75 - Telemedicine › Subchapter A - General Provisions › Section XLV-7509 - Patient Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Patient
					 records shall be:
1. created and maintained
					 for every telemedicine visit according to the same standards of care as in an
					 in-person visit. The record shall clearly reflect and state that the patient
					 encounter occurred by telemedicine;
2. confidential and subject to all applicable
					 state and federal laws and regulations relative to privacy and security of
					 health information;
3. accessible
					 by a patient and the physician consistent with all state and federal laws and
					 regulations; and
4. made available
					 to the patient or a physician to whom the patient may be referred within a
					 reasonable period of time; and
5.
					 made available to the board upon request.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 75 - Telemedicine › Subchapter A - General Provisions › Section XLV-7510 - Privacy and Security

Current through Register Vol. 50, No. 6, June 20, 2024
A. Only
					 secure communication technology shall be used for telemedicine. At a minimum,
					 telemedicine technology shall comply with all state and federal laws and
					 regulations for medical/health information privacy and security.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1262, 1270, 1271, 1275 and
						1276.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 75 - Telemedicine › Subchapter A - General Provisions › Section XLV-7511 - Informed Consent

Current through Register Vol. 50, No. 6, June 20, 2024
A. In addition
					 to any informed consent and right to privacy and confidentiality that may be
					 required by state or federal law or regulation, a physician shall insure that
					 each patient to whom he or she provides medical services by telemedicine is:
1. informed of the relationship between the
					 physician and patient and the respective role of any other health care provider
					 with respect to management of the patient; and
2. notified that he or she may decline to
					 receive medical services by telemedicine and may withdraw from such care at any
					 time.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 75 - Telemedicine › Subchapter A - General Provisions › Section XLV-7513 - Prohibitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
					 prohibitions apply to physicians who practice medicine in this state via
					 telemedicine.
B.
					 Preamble-Controlled Substances. While in most instances the board believes that
					 an in-person visit is required prior to the issuance of a prescription for any
					 controlled substance, provided the physician can examine the patient
via
telemedicine technologies sufficient to make a diagnosis,
					 controlled substances may be prescribed by telemedicine within the limitations
					 of Subsection 7513C.
C. No
					 physician shall utilize telemedicine:
1. for
					 the treatment of non-cancer related chronic or intractable pain, as set forth
					 in §6915-6923 of the board's rules;
2. for the treatment of obesity, as set forth
					 in §6901-6913 of the board's rules;
3. to authorize or order the prescription,
					 dispensation or administration of any controlled substance unless;
a. the physician has had at least one
					 in-person visit with the patient within the past year; provided, however, the
					 requirement for an in-person visit shall not apply to a physician who holds an
					 unrestricted license to practice medicine in this state and who practices
					 telemedicine upon any patient 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 U.S. Drug Enforcement Administration;
b. the prescription is issued for a
					 legitimate medical purpose;
c. the
					 prescription is in conformity with the same standard of care applicable to an
					 in-person visit; and
d. the
					 prescription is permitted by and in conformity with all applicable state and
					 federal laws and regulations.
4. Exceptions. The board may grant an
					 exception to the limitations of §7513. C in an individual case that is
					 supported by a physicians written application stating how and why he or she
					 proposes to deviate from §7513. C If an exception is granted by the board it
					 shall be stated in writing and specify the manner and extent to which the
					 physician shall be authorized to depart from §7513 C
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 75 - Telemedicine › Subchapter A - General Provisions › Section XLV-7515 - Exceptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The following
					 activities shall be exempt from the requirements of this Chapter:
1. furnishing medical assistance in case of a
					 declared emergency or disaster, as defined by the Louisiana Health Emergency
					 Powers Act,
					 R.S.
					 29:760 et seq., or as otherwise provided in
					 Title 29 of the Louisiana Revised Statutes of 1950, or the board's
					 rules;
2. issuance of emergency
					 certificates in accordance with the provisions of
					 R.S.
					 28:53; and
3. a true consultation, e.g.,an informal
					 consultation or second opinion, provided by an individual licensed to practice
					 medicine in a state other than Louisiana, provided that the Louisiana physician
					 receiving the opinion is personally responsible to the patient for the primary
					 diagnosis and any testing and treatment provided.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 75 - Telemedicine › Subchapter A - General Provisions › Section XLV-7517 - Action against Medical License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any violation or failure to comply with
					 the provisions of this Chapter shall be deemed to constitute unprofessional
					 conduct and conduct in contravention of the board's rules, in violation of
					 R.S.
					 37:1285(A)(13) and (30),
					 respectively, as well as violation of any other applicable provision of
					 R.S.
					 37:1285(A), and may provide
					 just cause for the board to suspend, revoke, refuse to issue or impose
					 probationary or other restrictions on any license held or applied for by a
					 physician or applicant culpable of such violation, or for such other
					 administrative action as the board may in its discretion determine to be
					 necessary or appropriate under
					 R.S.
					 37:1285(A).
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1262, 1270, 1271, 1275 and
						1276.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 75 - Telemedicine › Subchapter A - General Provisions › Section XLV-7519 - Action against Permit

Current through Register Vol. 50, No. 6, June 20, 2024
A. For
					 noncompliance with any of the provisions of this Chapter, or upon a finding of
					 the existence of any of the causes enumerated by
					 R.S.
					 37:1285(A), the board may,
					 in addition to or in lieu of administrative proceedings provided by this
					 Chapter, suspend, revoke, refuse to issue or impose probationary or other
					 restrictions on any permit held or applied for by a physician or applicant
					 culpable of such violation, or take such other administrative action as the
					 board may in its discretion determine to be necessary or appropriate under
					 R.S.
					 37:1285(A).
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1262, 1270, 1271, 1275 and
						1276.1.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 75 - Telemedicine › Subchapter A - General Provisions › Section XLV-7521 - Unauthorized Practice

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
					 individual who utilizes telemedicine to practice medicine in this state in the
					 absence of a medical license or a telemedicine permit duly issued by the board,
					 shall be deemed to be engaged in the unauthorized practice of medicine and
					 subject to the civil, injunctive and criminal penalties prescribed by the
					 Act.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1262, 1270, 1271, 1275, 1276.1 and
						1290.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 76 - Definition of Enforcement Terms › Subchapter A - General Provisions › Section XLV-7601 - Scope of Chapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The board
					 has the responsibility to consider and determine action upon all charges of
					 conduct which fail to conform to the Louisiana Medical Practice Act, R.S.
					 37:1261-1292 et seq., as re-enacted and amended, and the rules and regulations
					 promulgated by the board to carry out the provisions of this Part. The rules of
					 this Chapter compliment the board's authority to deny, suspend, revoke or take
					 such other action against a physician's license, as it may determine to be
					 appropriate, pursuant to
					 R.S.
					 37:1285.
AUTHORITY NOTE:
						Promulgated in accordance with R.S. 37:1261-1292,
						37:1270,
						37:1285.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 76 - Definition of Enforcement Terms › Subchapter B - Unprofessional Conduct › Section XLV-7605 - Effect of Violation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
					 violation or failure to comply with the provisions of this Subchapter shall be
					 deemed unprofessional conduct and conduct in contravention of the board's
					 rules, in violation of
					 R.S.
					 37:1285(A)(13) and (30),
					 respectively, as well as violation of any other applicable provision of
					 R.S.
					 37:1285(A), providing cause
					 for the board to suspend, revoke, refuse to issue or impose probationary or
					 other restrictions on any license held or applied for by a physician culpable
					 of such violation.
AUTHORITY NOTE:
						Promulgated in accordance with R.S. 37:1261-1292,
						37:1270,
						37:1285
						.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 77 - Marijuana for Therapeutic Use by Patients Suffering from a Debilitating Condition › Subchapter A - General Provisions › Section XLV-7701 - Preamble, Warning, and Suggested Consultation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Preamble-State Law. Pursuant to Act 261,
					 R.S.
					 40:1046, of the 2015 Session of the Louisiana
					 Legislature, as amended and supplemented by Act 96 of the 2016 Session of the
					 Louisiana Legislature, the Louisiana State Board of Medical Examiners was
					 directed to:
1. promulgate rules and
					 regulations authorizing physicians licensed to practice in this state to
					 recommend marijuana for therapeutic use by patients clinically diagnosed as
					 suffering from a debilitating medical condition; and
2. Repealed.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 77 - Marijuana for Therapeutic Use by Patients Suffering from a Debilitating Condition › Subchapter A - General Provisions › Section XLV-7703 - Scope of Chapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
					 is being adopted in order to comply with the obligations imposed upon the board
					 by Act 261,
					 R.S.
					 40:1046, of the 2015 Session of the Louisiana
					 Legislature, as amended and supplemented by Act 96 of the 2016 Session of the
					 Louisiana Legislature, and govern a physicians recommendation for the
					 therapeutic use of marijuana for a patient suffering from a debilitating
					 medical condition with whom the physician has established a bona-fide
					 physician-patient relationship.
AUTHORITY NOTE:
						Promulgated in accordance with R.S. 37:1261-1292 and
						R.S.
						40:1046.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 77 - Marijuana for Therapeutic Use by Patients Suffering from a Debilitating Condition › Subchapter B - Prohibitions and Exceptions › Section XLV-7707 - Prohibitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. No physician
					 shall:
1. issue a written request or
					 recommendation for therapeutic marijuana unless he or she is registered with
					 the board and complies with Louisiana law and the rules of this
					 Chapter;
2. Repealed.
3. not delegate to any other healthcare
					 professional or other person the authority to diagnose the patient as having a
					 qualifying medical condition;
4.
					 examine a patient at any location where marijuana is provided; or
5. if registered with the board under this
					 Chapter, have an ownership or investment interest established through debt,
					 equity, or other means, whether held directly or indirectly by a physician or a
					 member of a physician's immediate family, nor any contract or other arrangement
					 to provide goods or services, in or with a licensed therapeutic marijuana
					 pharmacy or a producer licensed by the Louisiana Department of Agriculture and
					 Forestry to produce marijuana.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 77 - Marijuana for Therapeutic Use by Patients Suffering from a Debilitating Condition › Subchapter B - Prohibitions and Exceptions › Section XLV-7709 - Exceptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter is
					 subject to the following exceptions.
1. The
					 rules of this Chapter shall not apply to a physician's prescription of
					 cannabinoid derived pharmaceuticals that are approved by the USFDA for
					 administration to patients.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 77 - Marijuana for Therapeutic Use by Patients Suffering from a Debilitating Condition › Subchapter C - Registration › Section XLV-7711 - Registration, Physician Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. To be eligible for registration under this
					 Chapter a physician shall, as of the date of the application:
1. hold a current, unrestricted license to
					 practice medicine issued by the board;
2. hold current schedule I authority or such
					 other authority as may be designated for therapeutic marijuana by the Louisiana
					 Board of Pharmacy;
3.
					 repealed.
4. complete an on-line
					 educational activity available at no cost on the boards web page.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 77 - Marijuana for Therapeutic Use by Patients Suffering from a Debilitating Condition › Subchapter C - Registration › Section XLV-7713 - Application

Current through Register Vol. 50, No. 6, June 20, 2024
A. Application for
					 registration shall be made in a format approved by the board and shall include:
1. the applicant's full name, contact
					 information, and such other information and documentation as the board may
					 require;
2. criminal history record
					 information; and
3. an application
					 fee of $75.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 77 - Marijuana for Therapeutic Use by Patients Suffering from a Debilitating Condition › Subchapter C - Registration › Section XLV-7715 - Registration Issuance, Expiration, Renewal

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the qualifications, requirements, and
					 procedures set forth in this Chapter are met to the satisfaction of the board,
					 registration shall be issued to the applicant.
B. Registration shall expire and become null,
					 void, and to no effect the following year after issuance on the last day of the
					 month in which the registrant was born.
C. Registration shall be renewed annually on
					 or before its date of expiration by submitting to the board a renewal
					 application and a renewal fee of $50.
D. Registration which has expired as a result
					 of nonrenewal may be reinstated upon the applicant's satisfaction of the
					 qualifications, requirements and procedures prescribed for original application
					 for registration.
AUTHORITY NOTE:
						Promulgated in accordance with R.S. 37:1261-1292, 1270, 1281, and
						40:1046.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 77 - Marijuana for Therapeutic Use by Patients Suffering from a Debilitating Condition › Subchapter D - Marijuana for Therapeutic Purposes, Limitations, Access to Records › Section XLV-7719 - Board Access to Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. The records
					 required by this Subchapter shall be available for examination, inspection and
					 copying by the board or its designated employee or agent at any reasonable
					 time, but without the necessity of prior notice by the board. The failure or
					 refusal of a registrant to make such records available pursuant to this Section
					 shall constitute a violation of these rules.
AUTHORITY NOTE:
						Promulgated in accordance with R.S. 37:1261-1292, 1270, and
						40:1046.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 77 - Marijuana for Therapeutic Use by Patients Suffering from a Debilitating Condition › Subchapter D - Marijuana for Therapeutic Purposes, Limitations, Access to Records › Section XLV-7721 - Form of Written Request or Recommendation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Required Contents. A written request or
					 recommendation for therapeutic marijuana shall include:
1. the physician's name, address, telephone
					 number, email address, registration number issued under this Chapter, and
					 Louisiana schedule I or other license number for therapeutic marijuana issued
					 by the Louisiana Board of Pharmacy;
2. the name, address and date of birth of the
					 patient;
3. the date, name and
					 address of the licensed therapeutic marijuana pharmacy to whom the written
					 request or recommendation is being transmitted;
4. the form, amount, dosage and instructions
					 for use of therapeutic marijuana in an amount which is not greater than that
					 necessary to constitute an adequate supply to ensure uninterrupted availability
					 for a period of one month, including amounts for topical treatment;
					 and
5. confirmation that the
					 written request or recommendation for therapeutic marijuana is being submitted
					 for the physicians patient as defined by and in and conformity with the rules
					 of this Chapter.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 77 - Marijuana for Therapeutic Use by Patients Suffering from a Debilitating Condition › Subchapter E - Sanctions, Severability › Section XLV-7723 - Sanctions Against Medical License or Registration

Current through Register Vol. 50, No. 6, June 20, 2024
A. For noncompliance with any of the
					 provisions of this Chapter the board may suspend, revoke, refusal to issue or
					 impose probationary or other terms, conditions and restrictions on any license
					 or permit to practice medicine in the state of Louisiana, or any registration
					 issued under this Chapter, held or applied for by a physician culpable of such
					 violation under
					 R.S.
					 37:1285(A)(6), and R.S.
					 1285(A)(30), respectively.
AUTHORITY NOTE:
						Promulgated in accordance with R.S. 37:1261-1292, 1270, and
						40:1046.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 77 - Marijuana for Therapeutic Use by Patients Suffering from a Debilitating Condition › Subchapter E - Sanctions, Severability › Section XLV-7725 - Effective Date (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
AUTHORITY NOTE:
						Promulgated in accordance with R.S. 37:1261-1292, 1270, and
						40:1046.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 77 - Marijuana for Therapeutic Use by Patients Suffering from a Debilitating Condition › Subchapter E - Sanctions, Severability › Section XLV-7727 - Severability

Current through Register Vol. 50, No. 6, June 20, 2024
A. If any rule,
					 provision, or item of this Chapter or the application thereof is held invalid
					 as in excess of or inconsistent with statutory or constitutional authority,
					 such invalidity shall not affect other rules, provisions, items, or
					 applications, and to this end the rules and provisions of this Chapter are
					 hereby declared to be severable.
AUTHORITY NOTE:
						Promulgated in accordance with R.S. 37:1261-1292, 1270, and
						40:1046.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 78 - Site Visits; Practice Performance Reviews › Section XLV-7801 - Scope of Chapter

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rules of
				  this Chapter govern the board's initiation of site visits and practice
				  performance reviews prescribed or authorized by the laws or rules administered
				  by the board.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1270(B);
					 37:1285.2.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 78 - Site Visits; Practice Performance Reviews › Section XLV-7803 - Initiation of Site Visit; Requesting Medical Records

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to conducting a site visit or
				  requesting medical records from an individual licensed by the board who is not
				  the subject of an active investigation, the executive director shall, following
				  discussion in executive session, request approval to conduct the site visit or
				  make the records request by a duly adopted motion by two-thirds vote of the
				  board.
B. The executive director
				  shall include in the request for approval the basis upon which the site visit
				  or records request is warranted, the number of records to be requested, if
				  applicable, the date, time and anticipated length of the proposed site visit,
				  and the dates of any previous site visits.
C. The board shall not disclose the identity
				  of any person included in the request for approval to conduct a site visit or
				  record request.
D. The provisions
				  of this section shall apply to practice performance reviews of physicians
				  practicing telemedicine.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1270,
					 37:1285.2.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 79 - Physician Collaboration with Advanced Practice Registered Nurses › Subchapter A - General Provisions › Section XLV-7901 - Scope

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rules of
					 this Chapter govern the practice of physicians in this state who engage in
					 collaborative practice with an advanced practice registered nurse who provides
					 acts of medical diagnosis or prescriptions.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270(B)(6).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 79 - Physician Collaboration with Advanced Practice Registered Nurses › Subchapter A - General Provisions › Section XLV-7905 - Prohibitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. A physician who
					 has signed a CPA with an APRN shall comply with the rules of this
					 Chapter.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270(B)(6).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 79 - Physician Collaboration with Advanced Practice Registered Nurses › Subchapter A - General Provisions › Section XLV-7907 - Exceptions

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Chapter
					 shall not apply to physician collaboration:
1. with an APRN who does not engage in acts
					 of medical diagnosis or prescriptions, as described in
					 R.S. 37:913(8) and
					 (9), or those otherwise exempt from
					 collaborative practice pursuant to
					 R.S.
					 37:930; and
2. in cases of a declared emergency or
					 disaster, as defined by the Louisiana Health Emergency Powers Act,
					 R.S.
					 29:760 et seq., or as otherwise provided in
					 title 29 of the
Revised Statutes
of 1950, or the board's
					 rules.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 79 - Physician Collaboration with Advanced Practice Registered Nurses › Subchapter B - Due Diligence; Eligibility; Requirements of Collaborative Practice Agreement and Required Information › Section XLV-7909 - Due Diligence

Current through Register Vol. 50, No. 6, June 20, 2024
A. Before
					 entering into a collaborative practice agreement with an APRN, a physician
					 shall:
1. insure that he or she possesses the
					 qualifications specified by this Chapter; and
2. have an understanding of the rules of this
					 Chapter.
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 79 - Physician Collaboration with Advanced Practice Registered Nurses › Subchapter B - Due Diligence; Eligibility; Requirements of Collaborative Practice Agreement and Required Information › Section XLV-7913 - Required Information

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each
					 physician shall report to the board annually, as a condition to the issuance or
					 renewal of medical licensure, whether or not he or she is engaged in
					 collaborative practice with an APRN, along with such other information as the
					 board may request.
B. The
					 information required by this Section shall be reported in a format prepared by
					 the board, which shall be made part of or accompany each physicians renewal
					 application for medical licensure.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						37:1270(B)(6).
Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 79 - Physician Collaboration with Advanced Practice Registered Nurses › Subchapter C - Standards of Practice › Section XLV-7915 - Responsibilities, Compensation Arrangements

Current through Register Vol. 50, No. 6, June 20, 2024
A. A collaborating physician shall insure
					 that the identity, contact information and availability of the collaborating
					 physician(s) and APRN are available to patients of the collaborative
					 practice.
B. When serving as the
					 sole CP for an APRN at a practice site, the CP:
1. shall give no less than 30-days notice to
					 the APRN when ending a collaborative practice agreement for predictable,
					 voluntary reasons in order to provide for continuity of care of patients;
					 and
2. work with the APRN to
					 identify and enlist a physician to serve as alternate collaborating physician
					 for unpredictable, involuntary reasons. A physician serving as alternate
					 collaborating physician for unpredictable or involuntary reasons:
a. shall insure that the APRN notifies the
					 LSBN within two business days of the commencement of service as an
					 ACP;
b. may serve in such capacity
					 for at least 30, but no more than 120, days to provide for continuity of care
					 while the APRN secures another CP; and
c. may be excused from the requirements
					 §7911. A.2 (e g, practice in an area comparable in scope, specialty, or
					 expertise of the APRN, unless following notification pursuant to §7915. B.2.a of this Section, the APRN advises the ACP that the collaborative practice has
					 not been approved by LSBN).