§ 37:1241 — Refusal, restriction, suspension, or revocation of license

Louisiana § 37:1241

• Jurisdiction: Louisiana
• Title 37: Professions and Occupations

Text

§1241. Refusal, restriction, suspension, or revocation of license
A. The board may, after due notice and hearing, assess a fine not to exceed the sum
of five thousand dollars for each offense; refuse to license, register, certify, or permit any
applicant; refuse to renew the license or permit of any person; or revoke, summarily suspend,
suspend, place on probation, reprimand, or issue a warning against the person who was
issued the license, registration, certificate, permit, or any other designation deemed necessary
to engage in the practice of pharmacy upon proof that the person:
(1) Practiced or assisted in the practice of pharmacy, or knowingly permitted or has
permitted anyone in his employ or under his supervision to practice or assist in the practice
of pharmacy, in violation of the provisions of this Chapter and any rules and regulations
promulgated thereto in accordance with the Administrative Procedure Act.
(2) Attempted to or obtained a license, registration, certificate, permit or any other
designation deemed necessary to engage in the practice of pharmacy by fraud or
misrepresentation.
(3) Committed repeated occasions of negligence or incompetence in the practice or
assistance in the practice of pharmacy.
(4) Has been convicted of a felony that the board finds is directly related to the
practice of pharmacy pursuant to R.S. 37:2950 in the courts of any state, territory, or country.
Conviction, as used in this Paragraph, shall include a finding or verdict of guilty, an
admission of guilt, or a plea of nolo contendere.
(5) Is habitually intemperate or is addicted to the use of alcohol or habit-forming
drugs.
(6) Has had his license, permit, certification, registration or any other designation
deemed necessary to engage in the practice of pharmacy revoked or suspended, or has had
other disciplinary action taken, or has had his application for licensure refused, revoked, or
suspended by the proper authorities of another state, territory, or country based upon conduct
by the licensee similar to conduct that would constitute grounds for action as defined in this
Section.
(7) Has failed to report to the board any adverse action taken by another licensing
jurisdiction, government agency, law enforcement agency, or court for conduct that would
constitute grounds for action as defined in this Section.
(8) Has failed to report to the board the surrender of a license, permit, certification,
registration or any other designation deemed necessary to engage in the practice of pharmacy
in another state or jurisdiction while under disciplinary investigation by any of those
authorities or bodies for conduct that would constitute grounds for action as defined in this
Section.
(9) Has failed to report to the board any adverse judgment, settlement, or award
arising from a malpractice claim arising related to conduct that would constitute grounds for
action as defined in this Section.
(10) Has departed from or failed to conform to the minimal standards of acceptable
and prevailing pharmacy practice, whether or not actual injury to a patient has occurred.
(11) Has committed fraud by a licensee in connection with the practice of pharmacy,
including, but not limited to Medicaid fraud, Medicare fraud, or insurance fraud.
(12) Has engaged, or aided and abetted a person to engage in the practice of
pharmacy without a license, registration, certificate, permit or any other designation deemed
necessary to engage in the practice of pharmacy.
(13) Has failed to pay the costs assessed in a disciplinary hearing.
(14) Has engaged in any conduct that subverts or attempts to subvert any
examination or the administration of any examination authorized under this Chapter.
(15) Has evaded, or assisted, directly or indirectly, another person in evading any
local, state or federal laws or regulations pertaining to the practice of pharmacy.
(16) Has divulged or revealed confidential information or personally identifiable
information to a person other than as authorized by state or federal law or the rules of the
board.
(17)(a) Has knowingly selected an equivalent drug product if the practitioner or
authorized prescriber instructs otherwise by either of the following:
(i) On a written prescription drug order, handwriting a mark in a check-off box
labeled with "Dispense as Written", or the abbreviation "DAW", or both, and personally
handwriting his signature on a printed-single-signature line. A written prescription drug
order shall indicate the practitioner's or authorized prescriber's name, licensure designation,
and practice affiliation, if any.
(ii) On an oral prescription, verbally indicating that a specific brand-name drug or
product is ordered by the practitioner or authorized prescriber or his agent. The pharmacist
shall note such information on the file copy of the prescription.
(b) The patient shall be informed of, and consent to, the equivalent drug product
interchange when the practitioner or authorized prescriber permits the equivalent drug
product interchange.
(c) In order to comply with 42 CFR 447.331, for prescriptions reimbursable by
Medicaid, the practitioner or authorized prescriber may prohibit equivalent drug product
interchange only by handwriting the words "brand medically necessary" or "brand necessary"
directly on the written prescription drug order or on a sheet attached to the prescription.
Recipients of Medicaid prescription benefits demonstrate implied consent by their
participation in the program, provided the practitioner or authorized prescriber has not
prohibited equivalent drug product interchange in the manner specified in Subparagraph (a)
of this Paragraph.
(18) Has knowingly received or possessed any drug or device that is, or has been,
adulterated or misbranded, or knowingly or intentionally delivered or proffered any such
product to the public.
(19) Has engaged in false, misleading, or fraudulent advertising as defined by the
board.
(20) Has solicited professional practice by means of providing physicians or other
practitioners with prescription blanks imprinted with any material referring to a pharmacy
or pharmacist.
(21) Has advertised by including any reference, direct or indirect, to any controlled
dangerous substances as provided for in Schedules II, III, IV, and V of R.S. 40:964.
(22) Has failed to furnish to the board, its investigators, or representatives any
information legally requested by the board.
(23) Has used an independent contractor to provide marketing services for the
pharmacy to any practitioner, authorized prescriber, or prospective customer in Louisiana in
exchange for compensation unless the compensation paid is an amount set in advance,
consistent with fair market value, and not calculated based on the volume or value of actual
prescriptions filled by the pharmacy.
(24) Has dispensed or distributed any drug or device to any patient pursuant to a
prescription written by a practitioner or a member of the practitioner's group practice if the
practitioner or an immediate family member of the practitioner has a direct or indirect
financial relationship with the dispensing or distributing pharmacy, unless the financial
relationship meets all of the requirements of R.S. 37:1745. Nothing in this Paragraph shall
prohibit a practitioner or an immediate family member of the practitioner from having an
ownership interest in a pharmacy.
B. The board may require a pharmacy to produce any information the board deems
reasonably necessary to investigate alleged violations of and otherwise enforce Paragraphs
(A)(23) and (24) of this Section.
C. In addition to the disciplinary action or fine assessed by the board, the board may
assess all costs incurred in connection with the proceedings, including but not limited to
investigator, stenographer, and attorney fees.
D. Each day on which a violation occurs is a separate violation for the purposes of
this Part.
E. The board may, by regulation, defer action with regard to an impaired licensed,
registered, or certified person who voluntarily signs an agreement, in a form satisfactory to
the board, agreeing not to practice pharmacy and to enter an approved treatment and
monitoring program in accordance with this Section, provided that this Section should not
apply to a licensee who has been convicted of, pleads guilty to, or enters a plea of nolo
contendere to a felonious act or a conviction relating to a controlled substance in a court of
law of the United States or any state, territory, or country.
F. The board retains jurisdiction over all such unlicensed, uncertified, or unpermitted
persons relative to violations of and enforcement of the provisions of this Chapter. However,
nothing contained in this Chapter shall prevent any licensed practitioner of medicine,
dentistry, or veterinary medicine from compounding, dispensing, administering to, or
supplying his patients with the necessary drugs and medicines for their use.
G. Any individual who, after a hearing, shall be found by the board to have
unlawfully engaged in the practice of pharmacy shall be subject to a fine not to exceed the
sum of five thousand dollars to be imposed by the board. Each such violation of this Chapter
or the regulations promulgated hereunder pertaining to unlawfully engaging in the practice
of pharmacy shall also constitute a misdemeanor punishable upon conviction by a fine of no
more than five hundred dollars or by imprisonment for no more than six months, or both.

Legislative History

Acts 1999, No. 767, §1; Acts 2001, No. 852, §1, eff. Jan. 1, 2002; Acts 2001, No. 1031, §2, eff. Jan. 1, 2002; Acts 2006, No. 164, §1; Acts 2015, No. 409, §1; Acts 2024, No. 644, §1.