Louisiana Revised Statutes 37:1216 – Authorization to obtain criminal history record information
Terms Used In Louisiana Revised Statutes 37:1216
- Board: means the Louisiana Board of Pharmacy. See Louisiana Revised Statutes 37:1164
- Confidential information: means information accessed, maintained by, or transmitted to a pharmacist in the patient's records or which is communicated to the patient as part of patient counseling, which is privileged and may be released only to the patient or to those practitioners, other authorized healthcare professionals, and other pharmacists when, in a pharmacist's professional judgment, such release is necessary to protect the patient's health and well being; and to such other persons or agencies authorized by law to receive such confidential information regardless of whether such information is in the form of paper, preserved on microfilm, or is stored on electronic media. See Louisiana Revised Statutes 37:1164
- Costs: is a monetary amount assessed to cover administrative expenses, including but not limited to licensure, permitting, certification, registration, and the investigation and prosecution of a disciplinary action. See Louisiana Revised Statutes 37:1164
- 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.
- 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. As used in this Section, the following terms shall have the following meaning:
(1) “Applicant” means an individual who has made application to the board for the issuance, or reinstatement of any license, registration, certificate, permit, or any other designation deemed necessary to engage or assist in the practice of pharmacy that the board is authorized by law to issue.
(2) “Bureau” means the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections.
(3) “Criminal history record information” means information collected by state and federal criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, bills of information, or any formal criminal charges, and any disposition arising therefrom, including sentencing, criminal correctional supervision, and release, but does not include intelligence for investigatory purposes, nor does it include any identification information which does not indicate involvement of the individual in the criminal justice system.
(4) “FBI” means the Federal Bureau of Investigation of the United States Department of Justice.
(5) “Licensure” means any license, permit, certification, or registration that the board is authorized to issue.
B. In addition to any other requirements established by regulation, the board may require an applicant, as a condition for eligibility for licensure:
(1) To submit a full set of fingerprints, in a form and manner prescribed by the board.
(2) To permit the board to request and obtain state and national criminal history record information on the applicant.
(3) To collect from the applicant, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history record information on the applicant.
C. In accordance with the provisions and procedures prescribed by this Section, the board may request and obtain state and national criminal history record information from the bureau and the FBI relative to any applicant for licensure whose fingerprints the board has obtained pursuant to this Section for the purpose of determining the applicant’s suitability and eligibility for licensure.
D. Upon request by the board and upon the board’s submission of an applicant’s fingerprints, and such other identifying information as may be required, the bureau shall conduct a search of its criminal history record information relative to the applicant and report the results of its search to the board within sixty days from receipt of any such request. The bureau may charge the board a processing fee pursuant to La. Rev. Stat. 15:587 for conducting and reporting on any such search.
E. If the criminal history record information reported by the bureau to the board does not provide grounds for disqualification of the applicant for licensure under the applicable law administered by the board, the board shall have the authority to forward the applicant’s fingerprints and such other identifying information as may be required to the FBI with a request for a search of national criminal history record information relative to the applicant.
F. Any and all state or national criminal history record information obtained by the board from the bureau or FBI which is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents, and attorneys in evaluating the applicant’s eligibility or disqualification for licensure. No such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.
Acts 2003, No. 1052, §2.