Louisiana 2013 2013 Regular Session

Louisiana House Bill HB391 Comm Sub / Analysis

                    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.
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.