Terms Used In Louisiana Revised Statutes 40:974

  • Controlled dangerous substance: means any substance defined, enumerated, or included in federal or state statute or regulations, 21 C. See Louisiana Revised Statutes 40:961
  • Conviction: A judgement of guilt against a criminal defendant.
  • Distribute: means to deliver a controlled dangerous substance whether by physical delivery, administering, subterfuge, furnishing a prescription, or by filling, packaging, labeling or compounding the substance pursuant to the lawful order of a practitioner. See Louisiana Revised Statutes 40:961
  • Manufacture: means the production, preparation, propagation, compounding, or processing of a controlled dangerous substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. See Louisiana Revised Statutes 40:961
  • Practitioner: means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled dangerous substance in the course of professional practice or research in this state. See Louisiana Revised Statutes 40:961
  • State: means the state of Louisiana. See Louisiana Revised Statutes 40:961

            A. The Louisiana Board of Pharmacy shall license an applicant to manufacture or distribute controlled dangerous substances included in Schedules I through V of La. Rev. Stat. 40:964 at such fees as it shall determine to be reasonable, unless it determines that the issuance of such license is inconsistent with the public interest. In determining the public interest, the following factors shall be considered:

            (1) Maintenance of effective controls against diversion of particular controlled dangerous substances and any Schedule I or II substance compounded therefrom into other than legitimate medical, scientific, or industrial channels.

            (2) Compliance with applicable state and local law.

            (3) Prior conviction record of applicant under federal or state laws relating to the manufacture, distribution, or dispensing of such substances.

            (4) Past experience in the manufacture of controlled dangerous substances, and the existence in the establishment of effective controls against diversion.

            (5) Such other factors as are relevant to and consistent with the public health and safety.

            B. Licenses granted under Subsection A of this Section shall not entitle a licensee to manufacture and distribute controlled dangerous substances in Schedule I or II other than those specified in the license.

            C. A license application by a practitioner who wishes to conduct research with a controlled substance shall be referred to the Louisiana Board of Pharmacy. Licensing by the Louisiana Board of Pharmacy for the purpose of bona fide research with a controlled dangerous substance by a practitioner deemed qualified by the board may be denied only on a ground specified in La. Rev. Stat. 40:975(A) or on the ground that the applicant’s past practice or proposed procedures furnish grounds for the belief that the applicant will abuse or unlawfully transfer such substances from legitimate medical or scientific use.

            Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.

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