ENROLLED
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ACT No. 282
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.
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
pharmacy" and the permit shall be designated an "out-of-state a "nonresident20
pharmacy permit".21
B. An out-of-state A nonresident pharmacy granted an out-of-state a22
nonresident pharmacy permit by the board shall disclose to the board the location,23 ENROLLEDHB NO. 391
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names, and titles of all principal corporate officers, as well as the owner's managing1
officer and pharmacist-in-charge. A report containing this information shall be made2
to the board on an annual basis and within thirty business days after any change of3
office, corporate officer, or within ten business days of the departure of the prior4
owner's managing officer or pharmacist-in-charge.5
C. The out-of-state nonresident pharmacy shall maintain at all times6
authorization to conduct the pharmacy in compliance with the laws of the state in7
which it is a resident. As a prerequisite to seeking a permit from the board, the out-8
of-state nonresident pharmacy shall submit a copy of the most recent inspection9
report resulting from an inspection conducted by the regulatory or licensing agency10
of the state in which it is located, as well as any other state pharmacy licensing11
agency or any agent thereof, and any inspection reports produced by the federal Food12
and Drug Administration or the federal Drug Enforcement Administration.13
Thereafter, the out-of-state nonresident pharmacy granted a permit shall submit to14
the board a copy of any subsequent inspection report on the pharmacy conducted by15
the regulatory or licensing body of the state in which it is located, or by any other16
state pharmacy licensing agency, or any agent thereof, or by the federal Food and17
Drug Administration or the federal Drug Enforcement Administration. In addition18
to or in lieu of an inspection by the regulatory or licensing body of the state in which19
it is a resident, or any agent thereof, the nonresident pharmacy shall be subject to an20
inspection by the board. When the board conducts an inspection of a nonresident21
pharmacy, the board shall recover its expenses from the nonresident pharmacy in22
addition to the applicable permit fee authorized by this Chapter.23
D. An out-of-state A nonresident pharmacy granted an out-of-state a24
nonresident pharmacy permit by the board shall maintain records of any controlled25
substances or dangerous drugs or devices dispensed to patients in this state so that26
the records are readily retrievable from the records of other drugs dispensed.27
E. Records for all prescriptions and products delivered into the state shall be28
readily retrievable from the other prescription records of the out-of-state nonresident29 ENROLLEDHB NO. 391
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pharmacy and shall be in compliance with all federal laws and with regulations as1
may be required by this state.2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: