Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LIII - Pharmacists › Chapter 31 - Illegal Payments; Required Disclosures of Financial Interests › Subchapter A - General Information › Section LIII-3103 - Definitions [Formerly Section 2703]

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this Chapter, the following
				  terms have the meaning ascribed to them by this Section.
Board
-the Louisiana Board of
					 Pharmacy.
Financial Interest
-a significant ownership
					 or investment interest established through debt, equity, or other means and
					 held, directly or indirectly, by a pharmacist or a member of a pharmacist 's
					 immediate family, or any form of direct or indirect remuneration for referral.
Group Practice
-a group of two or more
					 pharmacists and/or other health care providers legally organized as a general
					 partnership, registered limited liability partnership, professional medical
					 corporation, limited liability company, foundation, nonprofit corporation,
					 faculty practice plan, or similar organization or association:
a. in which each pharmacist who is a member of the group
					 provides substantially the full range of services which the pharmacist
					 routinely provides;
b. for which substantially all of the services of the
					 pharmacists who are members of the group are provided through the group and are
					 billed under a billing number assigned to the group and amounts so received are
					 treated as receipts of the group;
c. in which no pharmacist who is a member of the group
					 directly or indirectly receives compensation based on the volume or value of
					 referrals by the pharmacist, except payment of a share of the overall profits
					 of the group, which may include a productivity bonus based on services
					 personally performed or services incident to such personally performed
					 services, so long as the share of profits or bonus is not determined in any
					 manner which is directly related to the volume or value of referrals by such
					 pharmacist; and
d. in the case of a faculty practice plan associated with a
					 hospital, institution of higher education, or pharmacy school with an approved
					 training program in which pharmacist members may provide a variety of different
					 specialty services and provide professional services both within and outside
					 the group, as well as perform other tasks such as research, solely with respect
					 to services provided within such faculty practice plan.
Health Care Item
-any substance, product,
					 device, equipment, supplies, or other tangible good or article which is or may
					 be used or useful in the provision of health care.
Health Care Provider
-any person, partnership, corporation, or association licensed by a department, board, commission, or other agency of the state of Louisiana to provide, or which does
					 in fact provide preventive, diagnostic, or therapeutic health care services or
					 items.
Immediate Family
-as respects a pharmacist,
					 the pharmacist's spouse, children, parents, siblings, stepchildren,
					 stepparents, in-laws, grandchildren and grandparents.
Investment Interest
-a security issued by
					 an entity, including, without limitation, shares in a corporation, interests in
					 or units of a partnership or limited liability company, bonds, debentures,
					 notes, or other debt instruments.
Payment
-transfer or provision of money,
					 goods, services, or anything of economic value.
Person
-as defined in
					 R.S.
					 37:1164(33) or its
					 successor.
Pharmacist
-any individual currently
					 licensed by the
board
to engage in the practice of pharmacy in
					 the state of Louisiana.
Pharmacy
-any place where drugs are
					 dispensed and
pharmacy
primary care is provided.
Referral
-any direction, recommendation, or
					 suggestion given by a health care provider to a patient, directly or
					 indirectly, which is likely to determine, control, or influence the patient's
					 choice of another health care provider for the provision of health care
					 services or items.
Remuneration for Referral
-any arrangement
					 or scheme, involving any remuneration, directly or indirectly, in cash or in
					 kind, between a pharmacist, or an immediate family member of such pharmacist,
					 and another health care provider that is intended to induce referrals by the
					 pharmacist to the health care provider or by the health care provider to the
					 pharmacist, other than any amount paid by an employer to an employee who has a
					 bona fide employment relationship with the employer, for employment in the
					 furnishing of any health care item or service.
Significant Financial Interest
-an
					 ownership or investment interest shall be considered "significant," within the
					 meaning of §3113, if such interest satisfies any of the following tests:
a. such interest, in dollar amount or value, represents 5
					 percent or more of the ownership or investment interests of the health care
					 provider in which such interest is held; or
b. such interest represents 5 percent or more of the voting
					 securities of the health care provider in which such interest is
					 held.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1182.