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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2011 ENROLLED
SENATE BILL NO. 205
BY SENATOR GUILLORY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To enact R.S. 37:1226.3, relative to prescription drugs; to provide for exchanges and re-2
dispensing in pharmacies under the authority of the Department of Public Safety and3
Corrections; to provide for limitation of liability; to provide for the authority to4
promulgate rules and regulations; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 37:1226.3 is hereby enacted to read as follows: 7
ยง1226.3. Prescription drugs, returns, exchanges and re-dispensing in8
pharmacies operated by or under contract with the Department9
of Public Safety and Corrections; authority to promulgate rules.10
A. All drugs dispensed on prescription to an offender in the custody of11
the Department of Public Safety and Corrections shall be accepted for return,12
exchange or re-dispensing by a pharmacy operated by or under contract with13
the department.14
B. The pharmacist in charge of the pharmacy shall determine that the15
returned drug is not adulterated, expired, or misbranded and is safe to dispense.16
No product shall be re-dispensed by the pharmacist if the integrity of the17
medication cannot be assured.18
C. No pharmaceutical manufacturer shall be liable for any claim or19
injury arising from the re-dispensing of any prescription drug pursuant to the20
provisions of this Section, including but not limited to liability for failure to21
transfer or communicate product or consumer information regarding the re-22
dispensed drug, as well as the expiration date of the re-dispensed drug.23
D. The Louisiana Board of Pharmacy shall have the authority to24
promulgate rules in accordance with the Administrative Procedure Act for the25
purpose of administering the provisions of this Section.26
Section 2. This Act shall become effective upon signature by the governor or, if not27 SB NO. 205 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
signed by the governor, upon expiration of the time for bills to become law without signature1
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If2
vetoed by the governor and subsequently approved by the legislature, this Act shall become3
effective on the day following such approval.4
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: