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I.EXECUTIVE ORDERS - page 178 / 359





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the order. No order is valid more than 60 days after its execution by the purchaser.
vi.A supplier shall ship the controlled substances to the registered location associated with the digital certificate used to sign the order.
vii.When a purchaser receives a shipment, the purchaser shall create a record of the quantity of each item received and the date received. The record shall be electronically linked to the original order and archived.

B.Orders for Schedule III, IV, and V Controlled Substances. All licensees acquiring controlled substances in Schedules III, IV, or V shall maintain complete and accurate records of all order forms a minimum of two years from the date of each such receipt. These records shall contain the full name, address, and license number of the supplier, the common or established name of the controlled substance, its dosage form and strength, the amount and the date of receipt.

AUTHORITY NOTE:Promulgated in accordance with R.S. 40:972.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Board of Pharmacy, LR 34:2148 (October 2008).


A.Practitioners Authorized to Issue Prescriptions. A prescription for a controlled substance may be issued only by an individual practitioner who is:

1.authorized by law to prescribe controlled substances, and includes the following:
a.a physician;
b.a dentist;
c.a veterinarian;
d.a physician assistant (but no substances listed in Schedule II, and only as permitted by supervising physician);
e.an advanced practice registered nurse (but only as permitted by collaborating physician);
f.an optometrist (but no substances listed in Schedule II); or
g.a medical psychologist (but no narcotics);
2.in possession of a valid license from the appropriate state professional licensing agency, and is not restricted by that agency from prescribing controlled substances; and
3.in possession of a valid registration from the U.S. Drug Enforcement Administration (DEA), unless otherwise exempted from that registration requirement.

B.Purpose of Issue

1.A prescription for a controlled substance shall be issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his professional practice. The responsibility for the proper prescribing of controlled substances rests upon the prescribing practitioner; however, a corresponding responsibility rests with the pharmacist who dispenses the prescription. An order purporting to be a prescription issued not in the usual course of professional treatment or in legitimate and authorized research is not a prescription within the meaning and intent of the Controlled Substances Act (21 USC 829), and the person knowingly dispensing such a purported prescription, as well as the person issuing it, shall be subject to the penalties provided for violations of the provisions of law relating to controlled substances.
2.A prescription shall not be issued or dispensed in order for an individual practitioner to obtain controlled
substances for supplying the individual for the purpose of general dispensing or administration to patients.
3.A prescription may not be issued for "detoxification treatment" or "maintenance treatment," unless the prescription is for a Schedule III, IV, or V narcotic drug approved by the federal Food and Drug Administration (FDA) specifically for use in maintenance or detoxification treatment and the prescribing practitioner is in compliance with the federal rules governing such activities.

C.Manner of Issuance

1.All prescriptions for controlled substances shall be dated as of, and signed on, the day when issued.
2.All prescriptions for controlled substances shall contain the following information:
a.full name and address of the patient;
b.drug name, strength and dosage form;
c.quantity of drug prescribed;
d.directions for use; and
e.name, address, telephone number and DEA registration number of the prescriber.
3.A prescription issued for a Schedule III, IV, or V narcotic drug approved by FDA specifically for "detoxification treatment" or "maintenance treatment" must include the identification number issued by the DEA or a written notice stating that the practitioner is acting under the good faith exception of 21 CFR §1301.28(d).
4.Where an oral order is not permitted, prescriptions shall be written with ink or indelible pencil or typewriter, and they shall be manually signed by the prescriber.
a.The prescriptions may be prepared by the secretary or agent for the signature of the prescriber, but the prescriber is responsible in case the prescription does not conform in all essential respects to the law and regulations.
b.A corresponding liability rests upon the pharmacist who dispenses a prescription not prepared in the form prescribed by DEA regulations or these rules.
5.A prescriber exempted from registration under 21 CFR §1301.22(c) shall include on all such prescriptions issued by him the registration number of the hospital or other institution and the special internal code number assigned to him by the hospital or other institution, in lieu of the registration number of the practitioner required by this Section. Each such written prescription shall have the name of the physician stamped, typed, or handprinted on it, as well as the signature of the physician.
6.An official exempted from registration under 21 CFR §1301.22(c) shall include on all prescriptions issued by him his branch of service or agency and his service identification number, in lieu of the registration number of the practitioner required by this Section. Each such prescription shall have the name of the officer stamped, typed, or handprinted on it, as well as the signature of the officer.
7.Format Requirements. With the exception of medical orders written for patients in facilities licensed by the department, prescription forms shall adhere to the following requirements.
a.Written Prescriptions
i.The prescription form shall not be smaller than 4 inches by 5 inches, provided however, that forms used by pharmacists to record telephoned or transferred prescriptions shall be exempt from this requirement.

Louisiana Register   Vol. 34, No. 10   October 20, 2008

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