§ 40:1003 — Definitions

Louisiana § 40:1003

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1003. Definitions
As used in this Part, the following terms shall have the meaning ascribed to them
unless the context clearly indicates otherwise:
(1) "Administer" or "administration" means the direct application of a drug to the
body of a patient by injection, inhalation, ingestion, or any other means.
(2) "Advisory council" means the entity established in R.S. 40:1005.
(3)(a) "Audit trail information" means information submitted or produced regarding
requests for prescription monitoring program data that the board or other individual as
specified by this Part uses to help monitor compliance with this Part and other applicable
statutes, rules, or regulations.
(b) "Audit trail information" shall not include any information produced or requested
by the Louisiana legislative auditor.
(4) "Board" means the Louisiana Board of Pharmacy.
(5) "Controlled substance" means any substance or drug defined, enumerated, or
included in federal or state statute or rules, 21 CFR 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. "Controlled substance" shall not include
distilled spirits, wine, malt beverages, or tobacco.
(6) "Dispense" or "dispensing" means the interpretation, evaluation, and
implementation of a prescription drug order, including the preparation and delivery of a drug
or device to a patient or patient's agent in a suitable container appropriately labeled for
subsequent administration to, or use by, a patient.
(7) "Dispenser" means a person authorized by this state to dispense or distribute to
the ultimate user any controlled substance or drug monitored by the program, but shall not
include any of the following:
(a) A pharmacy permitted by the board as a hospital pharmacy that dispenses or
distributes any controlled substance or drug monitored by the program for the purposes of
inpatient hospital care.
(b) A practitioner who dispenses or distributes no more than a single forty-eight-hour
supply of such controlled substance or drug to a patient prior to or subsequent to performing
an actual procedure on that patient.
(c) A practitioner or other authorized person who administers such controlled
substance or drug upon the lawful order of a practitioner.
(d) A wholesale distributor of such controlled substance or drug that is credentialed
by the Louisiana Board of Drug and Device Distributors.
(e) Repealed by Acts 2013, No. 27, §2, eff. May 23, 2013.
(8) "Distribute" or "distribution" means the delivery of a drug or device other than
by administering or dispensing.
(9) "Drug" means any of the following:
(a) Any substance recognized as a drug in the official compendium, or supplement
thereto, designated by the board for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in humans or animals.
(b) Any substance intended for use in the diagnosis, cure, mitigation, treatment, or
prevention of disease in humans or other animals.
(c) Any substance other than food intended to affect the structure or any function of
the body of humans or other animals.
(10) "Drugs of concern" means drugs other than controlled substances as defined by
rule which demonstrate a potential for abuse or whose use requires tracking for public health
purposes.
(11) "Patient" means the person or animal who is the ultimate user of a controlled
substance or drug monitored by the program for whom a prescription is issued and for whom
a controlled substance or drug is dispensed.
(12) "Prescriber" means a licensed healthcare professional with prescriptive
authority.
(13) "Prescription monitoring information" means data submitted to and maintained
by the prescription monitoring program.
(14) "Prescription monitoring program" or "PMP" means the program established
in R.S. 40:1004.
(15) "Procedure" means any dental or medical practice or process described in the
current year's version of the American Dental Association's current Dental Terminology or
the American Medical Association's Code of Procedural Terminology.

Legislative History

Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2010, No. 144, §1; Acts 2013, No. 27, §2, eff. May 23, 2013; Acts 2017, No. 241, §1, eff. June 14, 2017; Acts 2018, No. 146, §1; Acts 2018, No. 206, §4.