§ 40:973 — Licensing requirements

§973. Licensing requirements
A.(1) Every person who conducts research with, manufactures, distributes, procures,
possesses, prescribes, or dispenses any controlled dangerous substance within this state,
including third-party logistics providers, or who proposes to engage in the research,
manufacture, distribution, procurement, possession, prescribing, or dispensing of any
controlled dangerous substance within this state, including third-party logistics providers,
shall obtain a controlled dangerous substance license issued by the Louisiana Board of
Pharmacy in accordance with the rules and regulations promulgated by the board prior to
engaging in such activity.
(2) Upon initial application or upon renewal of a controlled dangerous substance
license from the Louisiana Board of Pharmacy, a prescribing practitioner shall automatically
and without further action be registered as a participant in the prescription monitoring
program established in R.S. 40:1001 et seq. For purposes of this Subsection, the term
"practitioner" shall include those with prescription authority for controlled substances in
Louisiana, excluding veterinarians.
B. The following persons shall not be required to obtain a license and may lawfully
possess controlled dangerous substances under the provisions of this Part:
(1) An agent, or an employee thereof, of any registered manufacturer, distributor, or
dispenser of any controlled dangerous substance if such agent is acting in the usual course
of his business or employment.
(2) A common or contract carrier or warehouseman, or an employee thereof, whose
possession of any controlled dangerous substance is in the usual course of his business or
employment.
(3) An ultimate user or person in possession of any controlled dangerous substance
pursuant to a lawful order of a practitioner.
C. The Louisiana Board of Pharmacy may, by regulation, waive the requirement for
licensing of certain manufacturers, distributors, or dispensers if it finds it consistent with the
public health and safety.
D. A separate license shall be required at each principal place of business or
professional practice where the applicant manufactures, distributes, or dispenses controlled
dangerous substances.
E. The Louisiana Board of Pharmacy is authorized to inspect the establishment of
a licensee or applicant for licensing in accordance with the rules and regulations promulgated
by the board.
F.(1) Any person licensed by the Louisiana Board of Pharmacy to manufacture,
distribute, or dispense controlled dangerous substances shall submit to the board data on
transactions involving the disbursement of Schedule II controlled dangerous substances to
licensed Louisiana registrants except as provided in R.S. 40:972 and 988(B).
(2) The Louisiana Board of Pharmacy is authorized to promulgate rules and
regulations necessary to implement the provisions of this Subsection including but not
limited to the scope of such data, the form in which it is to be submitted, and the time
requirements for such submission.
G.(1) The Louisiana Board of Pharmacy shall disseminate its findings concerning
possible violations to the respective boards for action in correcting violations on the part of
licensed Louisiana registrants.
(2)(a) Such supervisory board shall receive the findings of the Louisiana Board of
Pharmacy concerning possible violations and shall disseminate such findings to the
respective boards for action in correcting violations on the part of licensed Louisiana
registrants.
(b) All expenses for the operation of the supervisory board shall be borne by the
licensing boards which make up said supervisory boards.

Legislative History

Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 702, §1; Acts 1989, No. 662, §5, eff. July 7, 1989; Acts 2006, No. 834, §1; Acts 2017, No. 76, §1, eff. June 12, 2017; Acts 2018, No. 186, §1; Acts 2018, No. 206, §4.