Louisiana Regulations
Department of Health/Board of Pharmacy
Vol. 47, No. 5, Louisiana Register 2021-05-20 pp.592-593
PUBLICATION DATE: 05/20/2021
ACTION DATE: 05/20/2021
EFFECTIVE DATE: 05/20/2021
PUBLICATION TYPE: Register
DOCUMENT NUMBER: 2105-018
REGISTER SOURCE: Vol. 47, No. 1, Louisiana Register 2021-01-20 pp.136-138
PUBLICATION DATE: 01/20/2021
ACTION DATE: 01/20/2021
COMMENT DEADLINE: 02/25/2021
PUBLICATION TYPE: Register
DOCUMENT NUMBER: 2101-026

RULE

Department of Health

Board of Pharmacy

State of Emergency

(LAC 46:LIII.521)

In accordance with the provisions of the Administrative Procedure Act (R.S. 49:950 et seq.) and the Pharmacy Practice Act (R.S. 37:1161 et seq.), the Louisiana Board of Pharmacy has amended Section 519 of its rules relative to a state of emergency. The change in Subsection A adds a gubernatorial declaration of a public health emergency to the existing declaration of a disaster emergency as events which activate the special provisions in Section 519. The change in Paragraph A.1 increases the amount of medication which may be dispensed for an emergency prescription from a 30- day supply to a 90-day supply. The change in Paragraph A.2 authorizes a pharmacist licensed elsewhere but not in this state who wishes to participate in a disaster relief effort in this state to obtain a special work permit from the board. This Rule is hereby adopted on the day of promulgation.

Malcolm J Broussard

Executive Director

2105#018

Title 46

PROFESSIONAL AND OCCUPATIONAL STANDARDS

Part LIII. Pharmacists

Chapter 5. Pharmacists

Subchapter B. Professional Practice Procedures

§519. State of Emergency

A. When the Governor issues, or renews, a state of emergency pursuant to the Emergency Assistance and Disaster Act of 1993, R.S. 29:721 et seq. or a state of public health emergency pursuant to the Louisiana Health Emergency Powers Act, R.S. 29:760 et seq.:

1. A pharmacist may dispense an emergency prescription of up to a 90-day supply of a prescribed medication if:

a. in the pharmacist's professional opinion the medication is essential to the maintenance of life or to the continuation of therapy; and

b. the pharmacist makes a good faith effort to reduce the information to a written prescription marked "emergency prescription" , then file and maintain the prescription as required by law.

2. A pharmacist not licensed in Louisiana, but currently licensed in another state, may dispense prescription medications in the affected parish(es) during the time a state of emergency exists when:

a. the pharmacist has some type of identification to verify current unrestricted licensure in another state;

b. the pharmacist has obtained a special work permit from the board;

c. the pharmacist is engaged in a legitimate relief effort during the emergency period; and

d. the pharmacist and pharmacy notify the board of their presence and approximate location in the affected parish or parishes prior to the engagement of professional practice.

B. The authority provided for in this Section shall cease with the termination of the state of emergency.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1182.

HISTORICAL NOTE: Promulgated by the Department of Health and Hospitals, Board of Pharmacy, LR 14:708 (October 1988), effective January 1, 1989, amended LR 29:2085 (October 2003), effective January 1, 2004, LR 33:1125 (June 2007), amended by the Department of Health, Board of Pharmacy, LR 47:592 (May 2021).