Louisiana Revised Statutes 37:3474.1 – Discipline for licensees
Terms Used In Louisiana Revised Statutes 37:3474.1
- Board: means the Louisiana Board of Drug and Device Distributors. See Louisiana Revised Statutes 37:3462
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Conviction: A judgement of guilt against a criminal defendant.
- Distribution: means the sale or facilitation of delivery of legend drugs or legend devices to a person other than the consumer or patient, including but not limited to distribution by manufacturers, repackagers, own-label distributors, jobbers, third-party logistics providers, retail pharmacy warehouses, pharmacies, brokers, agents, and wholesale distributors. See Louisiana Revised Statutes 37:3462
- Distributor: means any person engaged in distribution, including but not limited to manufacturers, repackagers, own-label distributors, jobbers, third-party logistics providers, retail pharmacy warehouses, pharmacies, brokers, agents, and wholesale distributors. See Louisiana Revised Statutes 37:3462
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Legend device: means any device intended for use by humans that carries on its label "Rx" "Rx only" a designation for physician use only, or a statement that federal law restricts the device to sale by or on the order of a licensed health care practitioner. See Louisiana Revised Statutes 37:3462
- Legend drug: means any drug intended for use by humans that carries on its label any of the following: "Caution: Federal law prohibits dispensing without a prescription" "Rx" or "Rx Only". See Louisiana Revised Statutes 37:3462
- Owner: means a natural person who owns greater than a ten percent interest in the distributor. See Louisiana Revised Statutes 37:3462
- Person: means a natural or juridical person, including a proprietorship, partnership, corporation, limited liability company, trust, business firm, association, franchise arrangement, combination of any of these entities, or any other legal entity. See Louisiana Revised Statutes 37:3462
A. Any person licensed as a distributor under this Chapter may have his license revoked, suspended, limited, or restricted for a fixed period to be determined by the board for any of the following causes:
(1) Conviction of a felony of the licensee, responsible party, or owner. The record of such conviction, or certified copy thereof from the clerk of court where such conviction occurred or by the judge of such court, shall be sufficient evidence to warrant revocation, suspension, limitation, or restriction.
(2) Suspension, revocation, or other disciplinary action taken by any state or federal agency of a license to distribute legend drugs or legend devices. A certified copy of the record of suspension or revocation by the state where such suspension or revocation occurred shall be conclusive evidence thereof.
(3) Making any fraudulent or untrue statement to the board.
(4) Refusing to respond or otherwise comply with any request from the board.
(5) Refusing to permit entry to the licensed distribution or sales facility to comply with any inspection during normal business hours.
(6) Selling, distributing, or offering to sell or distribute any adulterated, counterfeited, or misbranded legend drug or legend device.
(7) Altering, mutilating, destroying, obliterating, or removing any part of the label of a legend drug or legend device.
(8) Violating any of the provisions of this Chapter or rules and regulations adopted by the board.
B. Proceedings for any disciplinary actions or for the denial, revocation, suspension, limitation, or restriction of a license shall be conducted in accordance with rules and regulations adopted by the board pursuant to the Administrative Procedure Act.
C. The board may require a person who is subject to the authority of the board and against whom disciplinary action has been taken to pay a fine of not more than one thousand dollars per violation.
D. Each day on which a violation occurs shall constitute a separate violation.
E. In addition to the fine, the board may assess all costs incurred in connection with the proceedings to a person who is subject to the authority of the board, including but not limited to investigator, stenographer, and attorney fees.
F. No license shall be issued, reinstated, or renewed until the monetary penalties pursuant to this Section have been paid in full.
Acts 1991, No. 528, §1; Acts 1995, No. 1152, §1, eff. June 29, 1995; Acts 2008, No. 597, §1; Acts 2015, No. 443, §1, eff. July 1, 2015.