HLS 11RS-127 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 579
BY REPRESENTATIVE ROBIDEAUX
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
DRUGS: Restricts the sale of nonprescription concentrated acetaminophen analgesic or
antipyretic pediatric medications
AN ACT1
To enact R.S. 37:1226.1, relative to the sale of concentrated acetaminophen analgesic or2
antipyretic pediatric medication; to provide for definitions; to require the sale of3
concentrated acetaminophen analgesic or antipyretic pediatric medication by a4
licensed pharmacist or his employee after dosing and administration instructions are5
provided to the purchaser; to authorize licensed prescribers to dispense concentrated6
acetaminophen analgesic or antipyretic pediatric medication; to provide for civil7
penalties; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 37:1226.1 is hereby enacted to read as follows: 10
ยง1226.1. Sale of nonprescription concentrated acetaminophen analgesic or11
antipyretic pediatric medications; restrictions; penalties12
A. For the purposes of this Section, the following words or terms have the13
meaning ascribed to them in this Section, unless the context clearly indicates a14
different meaning:15
(1) "Concentrated acetaminophen analgesic or antipyretic pediatric16
medication" shall mean any product that is marketed for use by infants and children17
less than five years of age and has a concentration of acetaminophen of more than18
34mg/1ml.19 HLS 11RS-127 ORIGINAL
HB NO. 579
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are additions.
(2) "Licensed prescriber" shall mean a physician or other health care1
practitioner with applicable statutory authority to prescribe medication.2
(3) "On-site facility" shall mean and refer to the location of a building that3
houses a board permitted pharmacy.4
B.(1) Whenever a nonprescription drug that qualifies as a concentrated5
acetaminophen analgesic or antipyretic pediatric medication is offered for sale, such6
drug shall be kept within the confines of the area of the retail store licensed by the7
Louisiana Board of Pharmacy as an on-site facility and shall be sold in this state only8
by a licensed pharmacist after such pharmacist provides instructions relating to the9
appropriate dosage and administration based on the age, body weight, and symptoms10
of the child as required by rule, regulation or standard of care.11
(2) A certified pharmacy technician or an employee may accept payment for12
a concentrated acetaminophen analgesic or antipyretic pediatric medication, in the13
on-site facility area of a retail store, provided that such person is working under the14
direction of a licensed pharmacist and such pharmacist has provided dosing and15
administration instructions to the purchaser prior to the sale.16
C. Nothing in this Section shall prevent the dispensation of a concentrated17
acetaminophen analgesic or antipyretic pediatric medication by any person who is18
a licensed prescriber in the state of Louisiana.19
D. Any person or entity that is determined by the Louisiana Board of20
Pharmacy, the Department of Health and Hospitals, or the Department of Public21
Safety and Corrections, office of state police, after notice and an opportunity for a22
hearing, to have violated any provision of this Section or any rule, regulation, or23
order promulgated or issued in accordance with this Section shall be liable to satisfy24
a civil penalty of one thousand five hundred dollars per violation, except that the25
maximum civil penalty shall not exceed ten thousand dollars for any related series26
of violations.27
Section 2. This Act shall be known and cited as "Brianna's Law".28 HLS 11RS-127 ORIGINAL
HB NO. 579
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are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Robideaux HB No. 579
Abstract: Requires the sale of nonprescription analgesic pediatric medications by a
licensed pharmacist or his employee only after providing the purchaser with dosing
and administration instructions.
Proposed law provides that the for the purposes of proposed law the following definitions
shall apply:
(1)"Concentrated acetaminophen analgesic or antipyretic pediatric medication" shall
mean any product that is marketed for use by infants and children less than five years
of age and has a concentration of acetaminophen of more than 34mg/1ml.
(2)"Licensed prescriber" shall mean a physician or other health care practitioner with
applicable statutory authority to prescribe medication.
(3)"On-site facility" shall mean and refer to the location of a building that houses a
board permitted pharmacy.
Proposed law provides that whenever a nonprescription drug that qualifies as a concentrated
acetaminophen analgesic or antipyret ic pediatric medication is offered for sale, such drug
shall be kept within the confines of the area of the retail store licensed by the Louisiana
Board of Pharmacy as the on-site facility and shall be sold in this state only by a licensed
pharmacist after such pharmacist provides instructions relating to the appropriate dosage and
administration based on the age, body weight, and symptoms of the child as required by rule,
regulation or standard of care.
Proposed law authorizes a certified pharmacy technician or an employee to accept payment
for a concentrated acetaminophen analgesic or antipyretic pediatric medication, in the on-site
facility area of a retail store, if the person is working under the direction of a licensed
pharmacist and such pharmacist has already provided dosing and administration instructions
to the purchaser prior to the sale.
Proposed law specifies that these provisions shall not prevent the dispensation of a
"concentrated acetaminophen analgesic or antipyretic pediatric medication" by any person
who is a licensed prescriber in the state of Louisiana.
Proposed law provides that any person or entity that is determined by the La. Board of
Pharmacy, the Dept. of Health and Hospitals, or the Dept. of Public Safety and Corrections,
office of state police, after notice and an opportunity for a hearing, to have violated any
provision of proposed law or any rule, regulation, or order promulgated or issued in
accordance with this proposed law will be liable to satisfy a civil penalty of $1,500 per
violation, except that the maximum civil penalty cannot not exceed $10,000 for any related
series of violations.
Proposed law indicates that the provisions of proposed law shall be known and cited as
"Brianna's Law".
(Adds R.S. 37:1226.1)