§ 40:975 — Denial, revocation, suspension, or termination of license

Louisiana § 40:975

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

Text

§975. Denial, revocation, suspension, or termination of license
A. A license pursuant to R.S. 40:974 to manufacture, distribute, or dispense a
controlled dangerous substance may be suspended or revoked by the Louisiana Board of
Pharmacy upon a finding that the applicant or licensee meets any of the following criteria:
(1) He has materially falsified any application filed pursuant to or required by this
Part.
(2) He has been convicted of a felony under this Part or any law of the United States,
or of any state, relating to any substances defined in this Part as a controlled dangerous
substance, or any felony under any other law of the United States or of any state within five
years of the date of the issuance of the license.
(3) His federal license has been suspended or revoked by competent federal authority
and he is no longer authorized by federal law to engage in the manufacturing, distribution,
or dispensing of controlled dangerous substances.
(4) He has manufactured, distributed, or dispensed controlled dangerous substances
in violation of any provision of this Part or any other state or federal laws pertaining to the
manufacture, distribution, or dispensing of controlled dangerous substances.
(5) He has repeatedly failed to submit to the Louisiana Board of Pharmacy data on
transactions involving the disbursement of Schedule II controlled dangerous substances to
licensed Louisiana registrants as required by R.S. 40:973(F) and by rules promulgated
pursuant thereto.
B. The Louisiana Board of Pharmacy may limit revocation or suspension of a license
to the particular controlled dangerous substance with respect to which grounds for revocation
or suspension exist.
C. Before taking action pursuant to this Section or pursuant to a denial of license
under R.S. 40:974, the Louisiana Board of Pharmacy shall serve upon the applicant or
licensee an order to show cause why the license should not be denied, revoked, or suspended.
The order to show cause shall contain a statement of the basis thereof and shall call upon the
applicant or licensee to appear before the Louisiana Board of Pharmacy at a time and place
stated in the order, but in no event less than thirty days after the date of receipt of the order.
Proceedings to deny, revoke, or suspend shall be conducted pursuant to this Section in
accordance with the Administrative Procedure Act, R.S. 49:950 et seq. Such proceedings
shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under
this Part or any law of the state.
D. The Louisiana Board of Pharmacy may, in its discretion, suspend any license
simultaneously with the institution of proceedings under this Section in cases where it finds
that there is an imminent danger to the public health or safety. Such suspension shall
continue in effect until the conclusion of such proceedings, including judicial review thereof,
unless sooner withdrawn by the Louisiana Board of Pharmacy or dissolved by a court of
competent jurisdiction.
E. In the event the Louisiana Board of Pharmacy suspends or revokes a license
granted under R.S. 40:974, all controlled dangerous substances owned or possessed by the
licensee pursuant to such license at the time of suspension or the effective date of the
revocation order, as the case may be, may, in the discretion of the board, be placed under
seal. No disposition may be made of substances under seal until the time for taking an
appeal has elapsed or until all appeals have been concluded unless a court, upon application
therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale
with the court. Upon a revocation order becoming final, all such controlled dangerous
substances shall be forfeited to the state.
F. The Bureau of Narcotics and Dangerous Drugs shall promptly be notified of all
orders suspending or revoking license and all forfeitures of controlled dangerous substances.
G.(1) A license pursuant to R.S. 40:974 to manufacture, distribute, or dispense a
controlled dangerous substance shall be terminated by the Louisiana Board of Pharmacy if
the licensee has failed to timely renew the license and submit the applicable fee, including
the fee for the prescription monitoring program authorized pursuant to R.S. 40:1013, and
thirty days have elapsed since the date of expiration.
(2) Any appeal from the provisions of this Subsection shall be governed by the
Administrative Procedure Act.
(3) The Louisiana Board of Pharmacy shall promulgate rules, regulations, and
standards to implement the provisions of this Subsection. The rules, regulations, and
standards shall be promulgated in accordance with the Administrative Procedure Act.

Legislative History

Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 608, §1; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 702, §1; Acts 1997, No. 62, §1; Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.