HLS 13RS-982 ENGROSSED
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are additions.
Regular Session, 2013
HOUSE BILL NO. 391
BY REPRESENTATIVE LEBAS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PHARMACISTS: Clarifies powers and duties of the Louisiana Board of Pharmacy relative
to nonresident pharmacists
AN ACT1
To amend and reenact R.S. 37:1232 and to enact R.S. 37:1182(B)(9), relative to the2
Louisiana Board of Pharmacy; to add to the board's powers and duties with respect3
to nonresident licensees; to provide relative to nonresident pharmacies; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 37:1232 is hereby amended and reenacted and R.S. 37:1182(B)(9)7
is hereby enacted to read as follows: 8
§1182. Powers and duties of the board9
* * *10
B. The board may:11
* * *12
(9) Assess and collect expenses incurred for the inspection of nonresident13
licensees.14
* * *15
§1232. Out-of-state Nonresident pharmacy16
A. A pharmacy located outside this state which does business in this state17
within the meaning of this Chapter shall hold a current pharmacy permit as provided18
in this Chapter. The pharmacy shall be designated an "out-of-state a "nonresident19 HLS 13RS-982 ENGROSSED
HB NO. 391
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pharmacy" and the permit shall be designated an "out-of-state a "nonresident1
pharmacy permit".2
B. An out-of-state A nonresident pharmacy granted an out-of-state a3
nonresident pharmacy permit by the board shall disclose to the board the location,4
names, and titles of all principal corporate officers, as well as the owner's managing5
officer and pharmacist-in-charge. A report containing this information shall be made6
to the board on an annual basis and within thirty business days after any change of7
office, corporate officer, or within ten business days of the departure of the prior8
owner's managing officer or pharmacist-in-charge.9
C. The out-of-state nonresident pharmacy shall maintain at all times10
authorization to conduct the pharmacy in compliance with the laws of the state in11
which it is a resident. As a prerequisite to seeking a permit from the board, the out-12
of-state nonresident pharmacy shall submit a copy of the most recent inspection13
report resulting from an inspection conducted by the regulatory or licensing agency14
of the state in which it is located, as well as any other state pharmacy licensing15
agency or any agent thereof, and any inspection reports produced by the federal Food16
and Drug Administration or the federal Drug Enforcement Administration.17
Thereafter, the out-of-state nonresident pharmacy granted a permit shall submit to18
the board a copy of any subsequent inspection report on the pharmacy conducted by19
the regulatory or licensing body of the state in which it is located , or by any other20
state pharmacy licensing agency, or any agent thereof, or by the federal Food and21
Drug Administration or the federal Drug Enforcement Administration. In addition22
to or in lieu of an inspection by the regulatory or licensing body of the state in which23
it is resident, or any agent thereof, the nonresident pharmacy shall be subject to an24
inspection by the board. When the board conducts an inspection of a nonresident25
pharmacy, the board shall recover its expenses from the nonresident pharmacy in26
addition to the applicable permit fee authorized by this Chapter.27
D. An out-of-state A nonresident pharmacy granted an out-of-state a28
nonresident pharmacy permit by the board shall maintain records of any controlled29 HLS 13RS-982 ENGROSSED
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substances or dangerous drugs or devices dispensed to patients in this state so that1
the records are readily retrievable from the records of other drugs dispensed.2
E. Records for all prescriptions and products delivered into the state shall be3
readily retrievable from the other prescription records of the out-of-state nonresident4
pharmacy and shall be in compliance with all federal laws and with regulations as5
may be required by this state.6
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)]
LeBas HB No. 391
Abstract: Clarifies powers of the La. Board of Pharmacy relative to nonresident
pharmacists.
Present law provides for the creation of the La. Board of Pharmacy (the board) within the
Dept. of Health and Hospitals.
Present law provides for the board to consist of 17 members appointed by the governor;
further, present law lists powers and duties to be held by the board.
Proposed law adds to the list of the powers set forth by present law, authorizing the board
to assess and collect expenses incurred for the inspection of nonresident licensees.
Present law classifies pharmacies located outside of this state as "out-of-state pharmacies".
Proposed law changes the term to "nonresident pharmacists".
Present law requires an out-of-state pharmacy to which the board has granted an out-of-state
pharmacy permit to disclose to the board the location, names, and titles of all principal
corporate officers of the out-of-state pharmacy.
Proposed law retains present law and adds that the nonresident pharmacy must also disclose
the location, names, and titles of the nonresident pharmacy owner's managing officer and
pharmacist-in-charge.
Present law requires a report containing this information to be made to the board on an
annual basis and within 30 days after any change of office, corporate officer, or within 10
days of the departure of the prior pharmacist-in-charge.
Proposed law requires a report containing this information to be made to the board on an
annual basis and within 30 business days after any change of office, corporate officer, or
within 10 business days of the departure of the prior owner's managing officer or
pharmacist-in-charge.
Present law requires an out-of-state pharmacy seeking an out-of-state pharmacy permit from
the board to submit a copy of the most recent inspection report from any inspection
conducted by the regulatory or licensing agency of the state in which it is located. HLS 13RS-982 ENGROSSED
HB NO. 391
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are additions.
Proposed law retains present law, but further requires the nonresident pharmacy to also
submit any other inspection reports produced by the Food and Drug Administration or the
Drug Enforcement Administration.
Proposed law also requires the nonresident pharmacy to submit any reports from any other
state pharmacy licensing agency who has conducted an inspection in the state in which it is
located.
Present law requires an out-of-state pharmacist, after the grant of an out-of-state pharmacist
permit, to submit copies to the board of any subsequent inspection reports on the pharmacy
which are conducted by the regulatory or licensing body of the state in which it is located.
Proposed law retains present law and further requires the nonresident pharmacy, after the
grant of a nonresident pharmacy permit, to also submit any other inspection reports
produced by the Food and Drug Administration or the Drug Enforcement Administration.
Proposed law provides that in addition to, or in lieu of, any inspections conducted by the
regulatory or licensing body of the state in which it is a resident, upon the board's grant of
a nonresident permit the nonresident pharmacy shall become subject to inspections by the
board.
Proposed law provides that the expense of such inspection shall be attributed to the
nonresident pharmacy.
(Amends R.S. 37:1232; Adds R.S. 37:1182(B)(9))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Required a report containing a change of information to be made to the board
within 30 business days after any change of office, corporate officer, or within
10 business days of the departure of the prior owner's managing officer or
pharmacist-in-charge.