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I.EXECUTIVE ORDERS - page 190 / 359

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Services, through the Office of the Inspector General, pursuant to §1128B(b)(3)(E) of the Act, through regulations promulgated at 42 CFR §1001.952, or its successor, shall not be deemed a payment prohibited by R.S. 37:1745(B), or its successor, or by §3105 of these rules with respect to health care items or services for which payment may be made by any patient or private or governmental payor.

AUTHORITY NOTE:Promulgated in accordance with R.S. 37:1182.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Board of Pharmacy, LR 14:708 (October 1988), effective January 1, 1989, amended LR 29:2113 (October 2003), effective January 1, 2004, repromulgated LR 34:2159 (October 2008).

§3111 Effect of Violation [Formerly §2711]

A.Any violation of, or failure of compliance with, the prohibitions and provision of §3105 of this Chapter shall be deemed a violation of the Pharmacy Practice Act, R.S. 37:1161 et seq., providing cause for the board to sanction a person culpable of such violation.

AUTHORITY NOTE:Promulgated in accordance with R.S. 37:1182.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Board of Pharmacy, LR 14:708 (October 1988), effective January 1, 1989, amended LR 29:2113 (October 2003), effective January 1, 2004, repromulgated LR 34:2160 (October 2008).

Subchapter C.Disclosure of Financial Interests in Third-Party Health Care Providers

§3113.Required Disclosure of Financial Interest [Formerly §2713]

A.Mandatory Disclosure. A pharmacist or pharmacy shall not make any referral of a patient outside the pharmacist's or pharmacy's group practice for the provision of health care items or services by another health care provider in which the referring pharmacist has a financial interest, unless, in advance of any such referral, the referring pharmacist or pharmacy discloses to the patient, in accordance with §3113 of this Chapter, the existence and nature of such financial interest.

AUTHORITY NOTE:Promulgated in accordance with R.S. 37:1182.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Board of Pharmacy, LR 29:2113 (October 2003), effective January 1, 2004, repromulgated LR 34:2160 (October 2008).

§3115.Form of Disclosure [Formerly §2715]

A.Required Contents. The disclosure required by §3113 of this Chapter shall be made in writing, shall be furnished to the patient, or the patient's authorized representative, prior to or at the time of making the referral, and shall include:

1.the pharmacist's or pharmacy's name, address, and telephone number;
2.the name and address of the health care provider to whom the patient is being referred by the pharmacist or pharmacy;
3.the nature of the items or services which the patient is to receive from the health care provider to which the patient is being referred; and
4.the existence and nature of the pharmacist's or pharmacy's financial interest in the health care provider to which the patient is being referred.

B.Permissible Contents. The form of disclosure required by §3113 of this Chapter may include a signed

acknowledgment by the patient or the patient's authorized representative that the required disclosure has been given.

C.Approved Form. Notice to a patient given substantially in the form of Disclosure of Financial Interest prescribed in §3119 of this rule shall be presumptively deemed to satisfy the disclosure requirements of this Subchapter.

AUTHORITY NOTE:Promulgated in accordance with R.S. 37:1182.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Board of Pharmacy, LR 29:2113 (October 2003), effective January 1, 2004, repromulgated LR 34:2160 (October 2008).

§3117.Effect of Violation; Sanctions [Formerly §2717]

A.Effect of Violation. Any violation of, or failure of compliance with, the prohibitions and provision of §3113 of this Chapter shall be deemed a violation of the Pharmacy Practice Act, R.S. 37:1161 et seq., providing cause for the board to sanction a pharmacist or pharmacy culpable of such violation.

B.Administrative Sanctions. In addition to the sanctions provided for by R.S. 37:1241, upon proof of violation of §3113 by a pharmacist or pharmacy, the board may order that all or any portion of any amounts paid by a patient, and/or by any third-party payor on behalf of a patient, for health care items or services furnished upon a referral by the pharmacist or pharmacy in violation of §3113, be refunded by the pharmacist or pharmacy to such patient and/or third-party payor, together with legal interest on such payments at the rate prescribed by law calculated from the date on which any such payment was made by the patient and/or third-party payors.

AUTHORITY NOTE:Promulgated in accordance with R.S. 37:1182.

HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Board of Pharmacy, LR 29:2114 (October 2003), effective January 1, 2004, repromulgated LR 34:2160 (October 2008).

§3119.Disclosure of Financial Interest [Formerly §2719]

[Name of Pharmacist/Group]

[Address]

[Telephone Number]

DISCLOSURE OF FINANCIAL INTEREST

As Required by R.S. 37:1744 and LAC 46:LIII.613-615

TO:_________________DATE:____________________

_________________________________

(Name of Patient to Be Referred)

_________________________________

(Patient Address)

Louisiana law requires pharmacists and other health care providers to make certain disclosures to a patient when they refer a patient to another health care provider or facility in which the pharmacist has a significant financial interest. [I am/we are] referring you, or the named patient for whom you are legal representative, to:

__________________________________________________

(Name and Address of Provider to Whom Patient is Referred)

to obtain the following health care services, products, or items:

__________________________________________________

(Purpose of the Referral)

[I/we] have a financial interest in the health care provider to whom we are referring you, the nature and extent of which are as follows:

__________________________________________________

__________________________________________________

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

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