Terms Used In Louisiana Revised Statutes 40:1006

  • Board: means the Louisiana Board of Pharmacy. See Louisiana Revised Statutes 40:1003
  • Controlled substance: means any substance or drug defined, enumerated, or included in federal or state statute or rules, 21 C. See Louisiana Revised Statutes 40:1003
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dispenser: means a person authorized by this state to dispense or distribute to the ultimate user any controlled substance or drug monitored by the program, but shall not include any of the following:

                (a) A pharmacy permitted by the board as a hospital pharmacy that dispenses or distributes any controlled substance or drug monitored by the program for the purposes of inpatient hospital care. See Louisiana Revised Statutes 40:1003

  • dispensing: means the interpretation, evaluation, and implementation of a prescription drug order, including the preparation and delivery of a drug or device to a patient or patient's agent in a suitable container appropriately labeled for subsequent administration to, or use by, a patient. See Louisiana Revised Statutes 40:1003
  • Drug: means any of the following:

                (a) Any substance recognized as a drug in the official compendium, or supplement thereto, designated by the board for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals. See Louisiana Revised Statutes 40:1003

  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Patient: means the person or animal who is the ultimate user of a controlled substance or drug monitored by the program for whom a prescription is issued and for whom a controlled substance or drug is dispensed. See Louisiana Revised Statutes 40:1003
  • person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
  • PMP: means the program established in La. See Louisiana Revised Statutes 40:1003
  • Prescriber: means a licensed healthcare professional with prescriptive authority. See Louisiana Revised Statutes 40:1003
  • Prescription monitoring information: means data submitted to and maintained by the prescription monitoring program. See Louisiana Revised Statutes 40:1003

            A. Each dispenser shall submit to the board information regarding each prescription dispensed for a controlled substance or drug monitored by the program. The information submitted for each prescription shall include, at a minimum, data relative to the identification of the following elements of the transaction:

            (1) Prescriber information.

            (2) Patient information.

            (3) Prescription information.

            (4) Controlled substance or drug information.

            (5) Dispenser information.

            B. Each dispenser shall submit the required information in accordance with transmission methods and frequency established by the board. Each eligible prescription transaction shall be reported no later than the next business day after the date of dispensing.

            C. The board may issue a waiver to a dispenser who is unable to submit prescription information by electronic means. The waiver shall state the format and frequency with which the dispenser shall submit the required information. The board may issue an exemption from the reporting requirement to a dispenser whose practice activities are inconsistent with the intent of the program. The board may rescind any previously issued exemption without the need for an informal or formal hearing.

            D. Any person or entity required to report information concerning prescriptions to the board or to its designated agent pursuant to the requirements of this Part shall not be liable to any person or entity for any claim of damages as a result of the act of reporting the information and no lawsuit may be predicated thereon. Any person or entity who submits report information in good faith containing prescription information that is not the subject of the PMP shall not be liable to any person or entity for any claim of damages and no lawsuit may be predicated thereon.

            E. The prescription monitoring program’s agents, a dispenser, or a prescriber may report suspected violations of this Section or violations of any law to any local, state, out-of-state, or federal law enforcement agency, or the appropriate prosecutorial agency for further investigation or prosecution.

            F. No agent, dispenser, or prescriber who in good faith reports suspected violations as provided for in Subsection E of this Section shall be liable to any person or entity for any claim of damages as a result of the act of reporting the information, and no lawsuit may be predicated thereon.

            G. The board shall establish by rulemaking standards for the retention, archiving, and destruction of prescription monitoring information.

            Acts 2006, No. 676, §1, eff. July 1, 2006; Acts 2009, No. 129, §1; Acts 2009, No. 314, §1; Acts 2010, No. 488, §1, eff. June 22, 2010; Acts 2014, No. 472, §1; Acts 2016, No. 189, §1; Acts 2018, No. 206, §4.

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