§ 40:974 — Licensing

Louisiana § 40:974

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

Text

§974. Licensing
A. The Louisiana Board of Pharmacy shall license an applicant to manufacture or
distribute controlled dangerous substances included in Schedules I through V of R.S. 40:964
at such fees as it shall determine to be reasonable, unless it determines that the issuance of
such license is inconsistent with the public interest. In determining the public interest, the
following factors shall be considered:
(1) Maintenance of effective controls against diversion of particular controlled
dangerous substances and any Schedule I or II substance compounded therefrom into other
than legitimate medical, scientific, or industrial channels.
(2) Compliance with applicable state and local law.
(3) Prior conviction record of applicant under federal or state laws relating to the
manufacture, distribution, or dispensing of such substances.
(4) Past experience in the manufacture of controlled dangerous substances, and the
existence in the establishment of effective controls against diversion.
(5) Such other factors as are relevant to and consistent with the public health and
safety.
B. Licenses granted under Subsection A of this Section shall not entitle a licensee
to manufacture and distribute controlled dangerous substances in Schedule I or II other than
those specified in the license.
C. A license application by a practitioner who wishes to conduct research with a
controlled substance shall be referred to the Louisiana Board of Pharmacy. Licensing by the
Louisiana Board of Pharmacy for the purpose of bona fide research with a controlled
dangerous substance by a practitioner deemed qualified by the board may be denied only on
a ground specified in R.S. 40:975(A) or on the ground that the applicant's past practice or
proposed procedures furnish grounds for the belief that the applicant will abuse or unlawfully
transfer such substances from legitimate medical or scientific use.

Legislative History

Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.