§ 37:1250 — Exceptions

§1250. Exceptions
A. Nothing in this Chapter shall be construed to prevent or restrict the practice of
nursing by a licensed registered nurse or an advanced practice registered nurse in accordance
with R.S. 37:911 et seq., 1031 through 1034, or any other laws, rules, or regulations
governing the practice of nursing in the state of Louisiana.
B. Nothing in this Chapter shall apply to a facility which engages solely in the
distribution of dialysate, drugs, or devices necessary to perform home kidney dialysis to
patients with end-stage renal disease if all of the following criteria are met:
(1) The dialysate, drugs, or devices are approved or cleared by the United States
Food and Drug Administration as required by federal law.
(2) The dialysate, drugs, or devices are lawfully held by a manufacturer or
manufacturer's agent that is properly registered with the board as a distributor of legend drugs
or legend devices.
(3) The dialysate, drugs, or devices are held and delivered in their original, sealed
packaging from the manufacturing facility.
(4) The dialysate, drugs, or devices are delivered only by the manufacturer or the
manufacturer's agent and only upon receipt of a physician's order.
(5) The manufacturer or manufacturer's agent delivers the dialysate, drugs, or devices
directly to any of the following parties:
(a) A patient with end-stage renal disease, or his designee, for self-administration of
the dialysis therapy by the patient.
(b) A healthcare provider or institution for administration or delivery of the dialysis
therapy to a patient with end-stage renal disease.

Legislative History

Acts 1999, No. 767, §1; Acts 2022, No. 154, §1.