Louisiana Revised Statutes 37:3474.2 – Enforcement action against other persons; penalties
Terms Used In Louisiana Revised Statutes 37:3474.2
- Board: means the Louisiana Board of Drug and Device Distributors. See Louisiana Revised Statutes 37:3462
- 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
- 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
- Wholesale distributor: means any person engaged in wholesale distribution. See Louisiana Revised Statutes 37:3462
A. The board shall have the authority to take enforcement action against any non-licensee found by the board to be guilty of any of the following acts or offenses:
(1) Participating or engaging in distribution as defined by this Chapter.
(2) Using the term “distributor” or “wholesale distributor” as defined by this Chapter, or otherwise assuming or using such term or advertising in any manner intended to convey the impression that he is a licensed distributor or wholesale distributor.
(3) Violating any of the provisions of this Chapter or any rules or regulations adopted by the board.
B. For the purposes of this Section, the term “enforcement action” shall include but not be limited to the assessment of a fine in an amount not to exceed one thousand dollars per violation. Each day on which a violation occurs shall constitute a separate violation.
C. In addition to any other action, the board may assess to a person all reasonable costs incurred in connection with an enforcement action, including investigator, stenographer, and attorney fees.
D. Proceedings for an enforcement action shall be conducted through the promulgation of rules and regulations in accordance with the Administrative Procedure Act.
Acts 2008, No. 597, §1; Acts 2015, No. 443, §1, eff. July 1, 2015.