GREEN SHEET REDIGEST
HB 568 2015 Regular Session Thierry
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
PHARMACISTS: Provides relative to the licensing and regulation of pharmacists.
DIGEST
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 Louisiana 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 present law. Proposed law
provides that nothing in proposed law prohibits a practitioner or an immediate family
of the practitioner from having an ownership interest in a compounding pharmacy.
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))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to
the original bill:
1. Limit the application of proposed law to compounding pharmacies.
The House Floor Amendments to the engrossed bill:
1. Make a technical change by relocating a scope of applicability provision.
Page 1 of 2
Prepared by Christopher D. Adams. Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Health and Welfare to the
reengrossed bill
1. Removes the provision that the proposed law provides only to compounding
pharmacies.
2. Replaces the basis of the financial relationship exception for prohibited acts of
dispensing or distributing from federal law to state law.
3. Removes the requirement that the federal law definitions of "direct or indirect
financial relationship" and "immediate family member" apply to proposed law
and the provision of proposed law that would apply the prohibition relative to
direct dispensing or distributing to any arrangement or scheme that has the
principal purpose of assuring indirect referrals.
4. Provides that nothing in proposed law will prohibit a practitioner or an immediate
family member of a practitioner from having an ownership interest in a
compounding pharmacy.
Page 2 of 2
Prepared by Christopher D. Adams.