E.Professional Conduct. A license, registration, certification, permit, or any other credential deemed necessary to practice, or assist in the practice of, pharmacy may be subject to discipline when deviating from primary or corresponding responsibility to avert the following prohibited acts.
a.drug diversion—attempted, actual or conspired dispensing, distributing, administering, or manufacturing of a controlled substance not pursuant to a valid prescription or order while acting in the course of professional pharmacy practice is prohibited; or
b.possession—actual or conspired possession of a controlled substance not pursuant to a valid prescription or order issued for a legitimate medical purpose by an authorized practitioner in the usual course of professional practice.
a.Medical Purpose. The prescribing practitioner has the primary responsibility to issue a prescription for a controlled substance for a legitimate medical purpose, but a corresponding responsibility rests with the pharmacist or dispensing physician dispensing said prescription to ascertain that said prescription was issued for a legitimate medical purpose in the usual course of professional practice.
b.Authenticity. A pharmacist or dispensing physician shall exercise sound professional judgment to ascertain the validity of prescriptions for controlled substances. If, in the pharmacist's professional judgment, a prescription is not valid, said prescription shall not be dispensed.
3.Forged Prescriptions. It is unlawful to forge a prescription, or to dispense a forged prescription, for a controlled substance. The pharmacist or dispensing physician shall exercise professional diligence in determining the validity of a prescription as to the practitioner's authority and/or patient's identity, in order to prevent misrepresentation, fraud, deception, subterfuge, conspiracy, or diversion of controlled substances.
4.Altered Prescriptions. It is unlawful to personally alter a prescription, or to dispense an altered prescription, for a controlled substance, except as provided by §2747.B.4 of this Chapter.
F.Accountability. The pharmacist-in-charge, the owner of a pharmacy permit, and/or other designated responsible parties, shall be accountable for shortages of controlled substances or inconsistencies indicated in an audit.
AUTHORITY NOTE:Promulgated in accordance with R.S. 40:972.
HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Board of Pharmacy, LR 34:2152 (October 2008).
§2749.Disposal of Controlled Substances
A.Any person in possession of any controlled substance and desiring or required to dispose of such substance may request assistance from the special agent in charge of the DEA in the area in which the person is located for authority and instructions to dispose of such substance. The request should be made as follows:
1.if the person is a licensee, he shall list the controlled substance or substances which he desires to dispose of on DEA Form 41, and submit three copies of that form to the special agent in charge in his area; or
2.if the person is not a licensee, he shall submit to the special agent in charge a letter stating:
a.the name and address of the person;
b.the name and quantity of each controlled substance to be disposed of;
c.how the applicant obtained the substance, if known; and
d.the name, address, and registration number, if known, of the person who possessed the controlled substances prior to the applicant, if known.
B.The special agent in charge shall authorize and instruct the applicant to dispose of the controlled substance in one of the following manners:
1.by transfer to person licensed by the board and authorized to possess the substance;
2.by delivery to an agent of the DEA or to the nearest office of the DEA;
3.by destruction in the presence of an agent of the DEA or other authorized person; or
4.by such other means as the special agent in charge may determine to assure that the substance does not become available to unauthorized persons.
C.In the event that a licensee is required regularly to dispose of controlled substances, the special agent in charge may authorize the licensee to dispose of such substances, in accordance with this Section, without prior approval of the DEA in each instance, on the condition that the licensee keep records of such disposals and file periodic reports with the special agent in charge summarizing the disposals made by the licensee. In granting such authority, the special agent in charge may place such conditions as he deems proper on the disposal of controlled substances, including the method of disposal and the frequency and detail of reports.
AUTHORITY NOTE:Promulgated in accordance with R.S. 40:972.
HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Board of Pharmacy, LR 34:2157 (October 2008).
§2751.Distributions and Transfers of Controlled Substances
A.Distribution by Dispenser to Another Practitioner or Reverse Distributor
1.A dispenser may distribute (without being registered to distribute) a quantity of such controlled substance to:
a.another practitioner for the purpose of general dispensing by the practitioner to patients, provided that:
i.the receiving practitioner is authorized to dispense that controlled substance;
ii.the distribution is recorded by the dispenser and the receiving practitioner, in accordance with §2735.B of this Chapter;
iii.a DEA 222 order form is used as required for controlled substances listed in Schedule II; and
iv.the total number of dosage units of all controlled substances distributed by the dispenser pursuant to this Section during each calendar year shall not exceed 5 percent of the total number of dosage units distributed and dispensed by the dispenser during the same calendar year;
b.a reverse distributor who is authorized to receive such controlled substances.
2.If, during any calendar year the dispenser has reason to believe the total number of dosage units of all
Louisiana Register Vol. 34, No. 10 October 20, 2008