Louisiana Revised Statutes 40:975 – A. A license pursuant to R.S. 40:974 to manufacture, distribute, or dispense a controlled dangerous substance may be suspended or revoked by the Louisiana Board of Pharmacy upon a fi
Terms Used In Louisiana Revised Statutes 40:975
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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
- Dispense: means to deliver a controlled dangerous substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for such delivery. See Louisiana Revised Statutes 40:961
- 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
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Prescription: means a written request for a drug or therapeutic aid issued by a licensed physician, dentist, veterinarian, osteopath, or podiatrist for a legitimate medical purpose, for the purpose of correcting a physical, mental, or bodily ailment, and acting in good faith in the usual course of his professional practice. See Louisiana Revised Statutes 40:961
- State: means the state of Louisiana. See Louisiana Revised Statutes 40:961
A. A license pursuant to La. Rev. Stat. 40:974 to manufacture, distribute, or dispense a controlled dangerous substance may be suspended or revoked by the Louisiana Board of Pharmacy upon a finding that the applicant or licensee meets any of the following criteria:
(1) He has materially falsified any application filed pursuant to or required by this Part.
(2) He has been convicted of a felony under this Part or any law of the United States, or of any state, relating to any substances defined in this Part as a controlled dangerous substance, or any felony under any other law of the United States or of any state within five years of the date of the issuance of the license.
(3) His federal license has been suspended or revoked by competent federal authority and he is no longer authorized by federal law to engage in the manufacturing, distribution, or dispensing of controlled dangerous substances.
(4) He has manufactured, distributed, or dispensed controlled dangerous substances in violation of any provision of this Part or any other state or federal laws pertaining to the manufacture, distribution, or dispensing of controlled dangerous substances.
(5) He has repeatedly failed to submit to the Louisiana Board of Pharmacy data on transactions involving the disbursement of Schedule II controlled dangerous substances to licensed Louisiana registrants as required by La. Rev. Stat. 40:973(F) and by rules promulgated pursuant thereto.
B. The Louisiana Board of Pharmacy may limit revocation or suspension of a license to the particular controlled dangerous substance with respect to which grounds for revocation or suspension exist.
C. Before taking action pursuant to this Section or pursuant to a denial of license under La. Rev. Stat. 40:974, the Louisiana Board of Pharmacy shall serve upon the applicant or licensee an order to show cause why the license should not be denied, revoked, or suspended. The order to show cause shall contain a statement of the basis thereof and shall call upon the applicant or licensee to appear before the Louisiana Board of Pharmacy at a time and place stated in the order, but in no event less than thirty days after the date of receipt of the order. Proceedings to deny, revoke, or suspend shall be conducted pursuant to this Section in accordance with the Administrative Procedure Act, La. Rev. Stat. 49:950 et seq. Such proceedings shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under this Part or any law of the state.
D. The Louisiana Board of Pharmacy may, in its discretion, suspend any license simultaneously with the institution of proceedings under this Section in cases where it finds that there is an imminent danger to the public health or safety. Such suspension shall continue in effect until the conclusion of such proceedings, including judicial review thereof, unless sooner withdrawn by the Louisiana Board of Pharmacy or dissolved by a court of competent jurisdiction.
E. In the event the Louisiana Board of Pharmacy suspends or revokes a license granted under La. Rev. Stat. 40:974, all controlled dangerous substances owned or possessed by the licensee pursuant to such license at the time of suspension or the effective date of the revocation order, as the case may be, may, in the discretion of the board, be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all such controlled dangerous substances shall be forfeited to the state.
F. The Bureau of Narcotics and Dangerous Drugs shall promptly be notified of all orders suspending or revoking license and all forfeitures of controlled dangerous substances.
G.(1) A license pursuant to La. Rev. Stat. 40:974 to manufacture, distribute, or dispense a controlled dangerous substance shall be terminated by the Louisiana Board of Pharmacy if the licensee has failed to timely renew the license and submit the applicable fee, including the fee for the prescription monitoring program authorized pursuant to La. Rev. Stat. 40:1013, and thirty days have elapsed since the date of expiration.
(2) Any appeal from the provisions of this Subsection shall be governed by the Administrative Procedure Act.
(3) The Louisiana Board of Pharmacy shall promulgate rules, regulations, and standards to implement the provisions of this Subsection. The rules, regulations, and standards shall be promulgated in accordance with the Administrative Procedure Act.
Added by Acts 1972, No. 634, §1. Amended by Acts 1978, No. 608, §1; Acts 1978, No. 786, §5, eff. July 17, 1978; Acts 1984, No. 702, §1; Acts 1997, No. 62, §1; Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2006, No. 834, §1; Acts 2018, No. 206, §4.