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)]
HB 568 Original 2015 Regular Session Thierry
Abstract: Establishes prohibited acts and provides for the disciplinary authority of the La. Board
of Pharmacy.
Present law authorizes the La. Board of Pharmacy (board) to take certain disciplinary actions against
a licensee for committing certain prohibited actions.
Proposed law retains present law but adds the following prohibited acts:
(1)Using an independent contractor to provide marketing services for the pharmacy to any
practitioner, authorized prescriber, or prospective customer in exchange for compensation
unless the compensation paid is an amount set in advance, consistent with fair market value,
and not calculated based on the volume or value of actual prescriptions filled by the
pharmacy.
(2)Dispensing or distributing any drug or device to any patient pursuant to a prescription written
by a practitioner or a member of the practitioner's group practice if the practitioner or an
immediate family member of the practitioner has a direct or indirect financial relationship
with the dispensing or distributing pharmacy, unless the financial relationship meets all of
the requirements of an exception to the federal provisions limiting certain physician referrals.
Proposed law provides for the definition of "direct or indirect financial relationship" and "immediate
family member".
Proposed law applies to any arrangement or scheme, including but not limited to a cross-referral
arrangement, which has the principal purpose of assuring indirect referrals that would be in violation
of proposed law.
Proposed law authorizes the board to require a pharmacy to produce any information the board
deems reasonably necessary to investigate alleged violations of and otherwise enforce proposed law.
Proposed law makes technical changes to update the reference of each provision of proposed law.
(Amends R.S. 37:1241(B)-(F); Adds R.S. 37:1241(A)(23) and (24) and (G))