Louisiana Revised Statutes 37:1248 – Review of board orders
Terms Used In Louisiana Revised Statutes 37:1248
- 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.
- Board: means the Louisiana Board of Pharmacy. See Louisiana Revised Statutes 37:1164
- Permit: means the grant of authority by the board to any person authorizing the practice of pharmacy at a site. See Louisiana Revised Statutes 37:1164
- Person: means an individual, corporation, partnership, association, or any other legal entity, including government. See Louisiana Revised Statutes 37:1164
- Pharmacy: means any place located within this state where drugs are dispensed and pharmacy primary care is provided, and any place outside of this state where drugs are dispensed and pharmacy primary care is provided to residents of this state. See Louisiana Revised Statutes 37:1164
A. Any person to whom the board has refused to issue a license, registration, certificate, or permit, or any other designation deemed necessary to engage in the practice of pharmacy, or whose license, registration, certificate, or permit, or any other designation deemed necessary to engage in the practice of pharmacy has been suspended or revoked, may appeal from the decision and order of the board to the Nineteenth Judicial District Court.
B. Absent agreement of counsel for all parties, no stay of enforcement of a decision issued by the board during pendency of an appeal pursuant to the provisions of this Section shall be granted unless the district court finds that the applicant has established that the issuance of the stay does not:
(1) Threaten harm to other interested parties, including persons for whom the applicant may render pharmacy services; or
(2) Constitute a threat to the health and welfare of the citizens of the state.
C. No stay shall be granted ex parte. The court shall schedule a hearing on the request for a stay order within ten days from filing of the request. The decision shall be rendered within five days after the conclusion of the hearing.
Acts 1999, No. 767, §1.