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      RS 37:1182     


§1182. Powers and duties of the board

            A. The board shall be responsible for the control and regulation of the practice of pharmacy and shall:

            (1) Make necessary rules and regulations to carry out the purposes and enforce the provisions of this Chapter and furnish copies of them upon request.

            (2) Hold meetings at least once a year and at other times when necessary for the transaction of business that may legally come before it.

            (3) Make a written report annually to the governor.

            (4) Report to the attorney general of the state all persons violating the provisions of this Chapter.

            (5) License by examination applicants who are qualified to engage in the practice of pharmacy under the provisions of this Chapter.

            (6) License by reciprocity pursuant to the provisions of this Chapter.

            (7) Administer examinations as deemed necessary.

            (8) Issue and renew licenses, permits, certifications, registrations and any other designations deemed necessary to engage in the practice of pharmacy.

            (9) Establish and enforce compliance with professional standards and rules of conduct of pharmacists engaged in the practice of pharmacy.

            (10) Determine and issue standards for recognition and approval of degree programs of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this state, and the specification and enforcement of requirements for practical training, including internship.

            (11) Enforce those provisions of this Chapter related to conduct and competence, including but not limited to revocation, summary suspension, suspension, probation, reprimand, warnings, or fines.

            (12) Regulate, license, certify, and register the training, qualification, and employment of pharmacy interns and pharmacy technicians.

            (13) Establish minimum specifications for the physical facilities, technical equipment, environment, supplies, personnel, and procedures for the storage, compounding, and dispensing of drugs or devices.

            (14) Inspect in a lawful manner the legend drugs and devices which are sold, offered, or exposed for sale, or kept for sale, or which are compounded or dispensed, or kept for compounding or dispensing, at any site, and shall seize any legend drugs and devices found to constitute an imminent danger to the public health, safety, and welfare.

            (15) Inspect during hours of operation any licensed, permitted, certified, or registered person, including, but not limited to, pertinent records for the purpose of determining if any provisions of law governing the legal distribution of drugs or devices or the practice of pharmacy are being violated.

            (16) Cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states relating to drugs, devices, and the practice of pharmacy.

            (17) Except as otherwise provided to the contrary, exercise all of its duties, powers, and authority in accordance with the Administrative Procedure Act.

            (18) Make, keep, and preserve all books, registers, and records.

            (19) Receive and receipt all fees collected.

            (20) Make disbursements by check, voucher, or any other reasonable means deemed appropriate by the board and authorized by the president and the executive director.

            (21) In accordance with R.S. 37:1184, establish by regulation fees and costs to be imposed for the purpose of implementing and enforcing the provisions of this Chapter.

            (22) Have the authority to request and obtain state and national criminal history record information on any person applying for any license, registration, certificate, permit, or any other designation deemed necessary to engage or assist in the practice of pharmacy which the board is authorized by law to issue.

            (23) Have the authority to require of any applicant for any license, registration, certificate, permit, or any other designation deemed necessary to engage or assist in the practice of pharmacy which the board is authorized by law to issue, to provide information which may be necessary to verify an applicant's identity including birth certificates, passport documents, legal status documents, and any other biometric information deemed appropriate by the board. The board may charge and collect from an applicant all fees and costs related hereto.

            (24) Have the authority to compel any person applying for or holding any license, registration, certificate, permit, or any other designation deemed necessary to engage or assist in the practice of pharmacy to submit to an evaluation by such persons as the board may designate.

            B. The board may:

            (1) Join such professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of pharmacy for the protection of the health, safety, and welfare of the public or whose activities assist and facilitate the work of the board.

            (2) Receive and expend funds, in addition to its annual or biennial appropriation, from parties other than the state, provided that the following conditions are met:

            (a) Such funds are awarded for the pursuit of a specific objective which the board is authorized to accomplish by this Chapter, or which the board is qualified to accomplish by reason of its jurisdiction or professional expertise.

            (b) Such funds are expended for the pursuit of the objective for which they are awarded.

            (c) Activities connected with or occasioned by the expenditures of such funds do not interfere with the performance of the board's duties and responsibilities, and do not conflict with the exercise of the board's powers as specified by this Chapter.

            (d) Such funds are kept in a separate, special account.

            (e) Periodic reports are made concerning the board's receipt and expenditure of such funds.

            (3) Conduct any investigation, inquiry, or hearing which the board is authorized to hold as required by this Chapter.

            (4) Place under seal all drugs or devices that are owned by or in the possession, custody, or control of a licensee at the time his license is suspended or revoked or at the time the board refuses to renew his license. Except as otherwise provided in this Section, drugs or devices so sealed shall not be disposed of until appeal rights under the Administrative Procedure Act have expired, or an appeal filed pursuant to that Act has been determined.

            (5) Collect professional demographic data.

            (6) Employ or contract for inspectors, chemists, agents, clerical help, legal assistance, and other personnel necessary for the proper operation of the board office and for any other purpose under this Chapter.

            (7) Establish minimum standards for maintaining the integrity and confidentiality of prescription information and other patient health care information.

            (8) Acquire, develop, maintain, expand, sell, lease, mortgage, borrow funds, or otherwise contract with respect to immovable property as it may deem necessary or appropriate to accomplish the provisions of this Chapter. The board shall have the authority to borrow funds with the approval of the State Bond Commission and to expend funds of the board for the acquisition of immovable property and improvements thereon. In the event that the board sells immovable property and improvements thereon, the revenue derived from the sale shall be retained by the board and shall not be subject to reversion to the state general fund.

            (9) Assess and collect expenses incurred for the inspection of nonresident licensees.

            Acts 1999, No. 767, §1; Acts 2003, No. 1052, §2; Acts 2004, No. 131, §1; Acts 2013, No. 282, §1; Acts 2018, No. 206, §3.

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