La. Admin. Code tit. 46 § LIII-2901

Current through Register Vol. 50, No. 9, September 20, 2024

Section LIII-2901 - Definitions

A. As used in this Chapter, the following terms shall have the meaning ascribed to them unless the context clearly indicates otherwise.

Administer or Administration- the direct application of a drug to the body of a patient by injection, inhalation, ingestion, or any other means.

Advisory Council- the entity established in R.S. 40:1005.

Board- the Louisiana Board of Pharmacy.

Controlled Substance- any substance or drug defined, enumerated, or included in federal or state statute or rules, 21 CFR 1308.11-15 or R.S. 40:964, or any substance which may hereafter be designated as a controlled substance by amendment or supplementation of such regulations or statute. Controlled substance shall not include distilled spirits, wine, malt beverages, or tobacco.

Delegate-a person authorized by a prescriber or dispenser who is also an authorized user as described in Section 2917 of this Chapter to access and retrieve program data for the purpose of assisting the prescriber or dispenser, and for whose actions the authorizing prescriber or dispenser retains accountability.

Dispense or Dispensing- the interpretation, evaluation, and implementation of a prescription drug order, including the preparation and delivery of a drug or device to a patient or patient's agent in a suitable container appropriately labeled for subsequent administration to, or use by, a patient.

Dispenser-a person authorized by this state to dispense or distribute to the ultimate user any controlled substance or drug monitored by the program, but shall not include any of the following:

a. a pharmacy permitted by the board as a hospital pharmacy that dispenses or distributes any controlled substance or drug monitored by the program for the purposes of inpatient health care;

b. a practitioner who dispenses or distributes no more than a single 48 hour supply of such controlled substance or drug to a patient prior to, or subsequent to, performing an actual procedure on that patient;

c. practitioner or other authorized person who administers such controlled substance or drug upon the lawful order of a practitioner;

d. a wholesale distributor of such controlled substance or drug that is credentialed by the Louisiana Board of Drug and Device Distributors.

Distribute or Distribution- the delivery of a drug or device other than by administering or dispensing.

Drug- any of the following:

a. any substance recognized as a drug in the official compendium, or supplement thereto, designated by the board for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or animals;

b. any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals;

c. any substance other than food intended to affect the structure or any function of the body of humans or other animals.

Drugs of Concern-drugs other than controlled substances as defined by rule whose use requires tracking for public health purposes or which demonstrate a potential for abuse, including any material, compound, mixture, or preparation containing any quantity of the following substances, including its salts, esters, ethers, isomers, and salts of isomers [whenever the existence of such salts, esters, ethers, isomers, and salts of isomers is possible within the specific chemical designation]:

a. butalbital.

b. promethazine when present in oral liquid formulation.

c. gabapentin.

Patient- the person or animal who is the ultimate user of a controlled substance or drug monitored by the program for whom a prescription is issued and for whom a controlled substance or drug is dispensed.

Prescriber- a licensed health care professional with prescriptive authority.

Prescription Monitoring Information- data submitted to and maintained by the prescription monitoring program.

Prescription Monitoring Program or PMP- the program established in R.S. 40:1004.

Procedure- any dental or medical practice or process described in the current year's version of the American Dental Association's Current Dental Terminology or the American Medical Association's Code of Procedural Terminology.

La. Admin. Code tit. 46, § LIII-2901

Promulgated by the Department of Health and Hospitals, Board of Pharmacy, LR 33:1345 (July 2007), amended LR 36:755 (April 2010), effective September 1, 2010, LR 39:314 (February 2013), LR 40:1095, 1096 (June 2014), Amended by LR 41684 (4/1/2015), Amended by the Department of Health, Board of Pharmacy, LR 4542 (1/1/2019), Amended by the Department of Health, Board of Pharmacy, LR 4784 (1/1/2021), Amended LR 47248 (2/1/2021), Amended LR 50390 (3/1/2024).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1011.