§ 37:1256 — Louisiana Board of Pharmacy; authority to regulate pharmacy benefit managers

§1256. Louisiana Board of Pharmacy; authority to regulate pharmacy benefit managers
A. Pursuant to the authority vested in the board in this Chapter and as specifically
provided for in the Pharmacy Benefit Manager Licensing Law, R.S. 40:2861 et seq., the
board shall create and issue a permit for pharmacy benefit managers as defined in R.S.
40:2863.
B. A pharmacy benefit manager shall be permitted under Part IV of this Chapter if
it administers, develops, maintains, performs, or provides one or more pharmacy services in
this state or that affects one or more beneficiaries of a pharmacy benefit management plan
administered by the pharmacy benefit manager, as set forth in R.S. 40:2868.
C.(1) A pharmacy benefit manager may file for a hearing conducted before an
independent third-party adjudicator with the division of administrative law upon notice from
the board that it intends to take adverse or disciplinary action against the pharmacy benefit
manager that may result in the suspension or termination of the pharmacy benefit manager's
permit. If the pharmacy benefit manager elects to file for a hearing with the division of
administrative law, the ruling of the administrative law judge shall be appealable by either
the pharmacy benefit manager or the board, whichever party does not prevail.
(2) Nothing in this Subsection shall be construed to prevent the pharmacy benefit
manager from proceeding with a hearing before the board as provided for in the
Administrative Procedure Act, nor shall anything in this Subsection be construed to prevent
the board from taking any other action provided for by law or rule that would not result in
suspension or termination of the pharmacy benefit manager's permit.

Legislative History

Acts 2019, No. 124, §2, eff. July 1, 2020; Acts 2022, No. 536, §1.