SLS 17RS-189 ORIGINAL
2017 Regular Session
SENATE BILL NO. 55
BY SENATOR MILLS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
HEALTH CARE. Provides relative to prescribers of controlled dangerous substances. (See
Act)
1 AN ACT
2 To amend and reenact R.S. 40:973(A) and 978(F) and to enact R.S. 40:978.3, relative to
3 prescribing controlled dangerous substances; to provide for automatic renewal in the
4 prescription monitoring program; to provide for mandated access of the program by
5 prescribers; to provide for exceptions; to provide for continuing education
6 requirements; to provide for rulemaking; to provide for effective dates; and to
7 provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 40:973(A) and 978(F) are hereby amended and reenacted to read as
10 follows:
11 §973. Licensing requirements
12 A.(1) Every person who conducts research with, manufactures, distributes,
13 procures, possesses, prescribes or dispenses any controlled dangerous substance
14 within this state or who proposes to engage in the research of, manufacture,
15 distribution, procurement, possession, prescribing or dispensing of any controlled
16 dangerous substance within this state, shall obtain a controlled dangerous
17 substance license issued by the Board of Pharmacy in accordance with the rules and
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1 regulations promulgated by it prior to engaging in such activity.
2 (2) Upon initial application or upon renewal of a controlled dangerous
3 substance license from the Board of Pharmacy, a prescribing practitioner shall
4 automatically and without further action be registered as a participant in the
5 Prescription Monitoring Program established in R.S. 40:1001 et seq. For
6 purposes of this Subsection, a practitioner shall include those with prescription
7 authority for controlled substances in Louisiana, excluding veterinarians.
8 * * *
9 §978. Prescriptions
10 * * *
11 F.(1) A prescriber shall access and review the patient's record in the
12 Prescription Monitoring Program prior to initially prescribing any Schedule II
13 controlled dangerous substance to a patient and shall access the Prescription
14 Monitoring Program and review the patient's record at least every ninety days
15 if the patient's course of treatment continues for more than ninety days for the
16 treatment of non-cancer-related chronic or intractable pain. The requirement
17 established in this Subsection shall not apply in the following instances:
18 (a) The drug is prescribed or administered to a hospice patient or to any
19 other patient who has been diagnosed as terminally ill.
20 (b) The drug is prescribed or administered for the treatment of
21 cancer-related chronic or intractable pain.
22 (c) The drug is ordered or administered to a hospital inpatient.
23 (d) The Prescription Monitoring Program is inaccessible or not
24 functioning properly due to an internal or external electronic issue. However,
25 the prescriber or his delegate must check the Prescription Monitoring Program
26 once electronic accessability has been restored and note the cause for the delay
27 in the patient's chart.
28 (2) The provisions of this Subsection shall be enforced by the health
29 profession licensing board that regulates the prescriber. Each health profession
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1 licensing board that regulates prescribers shall promulgate rules and
2 regulations in accordance with the Administrative Procedure Act to comply
3 with the mandate in this Subsection. If a health profession licensing board
4 becomes aware of a prescriber's failure to comply with this Subsection, they
5 shall treat the notification as a complaint against the licensee, but shall not
6 consider such notice as evidence of deviation from standard of care.
7 Section 2. R.S. 40:978.3 is hereby enacted to read as follows:
8 §978.3. Continuing education for the prescribing of controlled substances
9 A. The continuing education requirement established in this Section shall
10 apply to all practitioners with prescriptive authority in Louisiana that have a
11 controlled dangerous substance license in Louisiana.
12 B. Each licensing board that regulates practitioners with prescriptive
13 authority in Louisiana shall establish continuing education requirements as a
14 prerequisite to license renewal. Each board shall develop continuing education
15 criteria, to include drug diversion training, best practice prescribing of
16 controlled substances, appropriate treatment for addiction, and any other
17 matters regarding the prescribing of controlled dangerous substances that are
18 deemed appropriate by the board. Rules and regulations to implement this
19 Section shall be promulgated in accordance with the Administrative Procedure
20 Act. Such rules shall include the following:
21 (1) Each practitioner with prescriptive authority in Louisiana who
22 receives his initial controlled dangerous substance license shall obtain three
23 credit hours of continuing education as a prerequisite to license renewal.
24 (2) Each practitioner with prescriptive authority in Louisiana who has
25 held his controlled dangerous substance license for longer than one year shall
26 obtain three credit hours of continuing education as a prerequisite to license
27 renewal.
28 (3) After a practitioner with prescriptive authority in Louisiana satisfies
29 the requirements in Paragraphs (1) or (2) of this Subsection, he shall thereafter
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1 obtain three credit hours of continuing education over the duration of a
2 three-year time period as a prerequisite to license renewal.
3 (4) A practitioner with prescriptive authority in Louisiana who has a
4 controlled dangerous substance license shall be exempt from the continuing
5 education requirements for license renewal established in this Section if he
6 completes and submits to his licensing board a certification form developed by
7 his licensing board attesting that he has not prescribed, administered, or
8 dispensed a controlled dangerous substance during the entire applicable
9 reporting period. The licensing board shall verify the attestation of the
10 prescriber through the Prescription Monitoring Program.
11 C. The licensing board shall provide its members with information on
12 how to access the continuing education courses as required by this Section and
13 shall retain annual compliance documentation that shall be submitted to the
14 Senate and House committees on health and welfare to demonstrate aggregate
15 prescriber compliance. No license shall be renewed for an individual who fails
16 to comply with the provisions of this Section.
17 D. The continuing education hours required by this Section shall be
18 considered among the credit hours required of the prescriber by the licensing
19 board on and after August 1, 2017, and shall not be considered an additional
20 requirement to be met by a prescriber.
21 Section 3. Section 1 of this Act shall become effective upon signature by the
22 governor or, if not signed by the governor, upon expiration of the time for bills to become
23 law without signature by the governor, as provided by Article III, Section 18 of the
24 Constitution of Louisiana. If vetoed by the governor and subsequently approved by the
25 legislature, this Act shall become effective on the day following such approval.
26 Section 4. Section 2 of this Act shall become effective on January 1, 2018.
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christine Arbo Peck.
DIGEST
SB 55 Original 2017 Regular Session Mills
Present law provides for who must obtain a controlled dangerous substance license in
Louisiana. Proposed law clarifies that individuals who conduct research with, procure,
possess, or prescribe controlled dangerous substances in Louisiana must also obtain a license
to do so in Louisiana prior to engaging in any such activity.
Present law provides enrollment access to the Prescription Monitoring Program for
prescribing practitioners. Proposed law establishes a process for automatic enrollment into
the Prescription Monitoring Program upon initial licensure or upon annual renewal of a
prescriber's controlled dangerous substance license.
Present law provides for when a prescriber shall access the Prescription Monitoring
Program.
Proposed law expands the mandate to access the program prior to initially prescribing any
Schedule II controlled dangerous substance or if the patient's course of treatment continues
for more than 90 days. It further provides for exceptions of when a prescriber does not have
to check the program.
Proposed law requires all prescribers in Louisiana to obtain three continuing education credit
hours as a prerequisite of license renewal in the first annual renewal cycle after January 1,
2018, and three course hours in a three year period prior to subsequent renewals. Continuing
education shall be in drug diversion training, best practice prescribing of controlled
substances, and appropriate treatment for addiction.
Proposed law requires the health profession licensing boards that regulate prescribing
practitioners to promulgate rules and regulations to implement the continuing education
requirements established by this law, requires the boards to collect and maintain data on
compliance and submit aggregate data to the Senate and House committees on health and
welfare regarding compliance, and clarifies that these continuing education hours shall be
considered among those already required at the time of passage of this law and not be in
addition to what is already required.
Proposed law provisions relative to licensing requirements and prescription requirements are
effective upon signature of the governor or upon lapse of gubernatorial action. Proposed law
provisions relative to continuing education are effective January 1, 2018.
(Amends R.S. 40:973(A) and 978(F); adds R.S. 40:978.3)
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