Louisiana State Regulatory Update April 2019
Guidance Document for CBD Oil Revised (19-04-602)
During its November 2018 meeting, the Board issued a guidance document related to the sale of cannabidiol (CBD) oil. That document referenced pertinent federal and state controlled substance (CS) laws. The relevant federal law changed in December 2018; however, the state law has not yet changed. In the interim, state law is more stringent than federal law. The ultimate guidance remains the same: the sale of CBD oil would violate the state CS law and place the licensee at risk for criminal and/or administrative sanctions. The Board distributed a notice of the revised guidance document to all licensees on February 23, 2019, and the document was also posted to the Board's website.
Advisory Opinions and Guidance Documents (19-01-595)
During its November 14, 2018 meeting, the Board issued advisory opinions and guidance documents on multiple topics, including the following:
- Joint Accreditation for Interprofessional Continuing Education this opinion recognizes continuing education (CE) activities with the Joint Accreditation credit mark as valid to substantiate compliance with CE requirements for pharmacists and technicians.
- Recordkeeping Requirements for Written Prescription Forms Received in Pharmacies by Facsimile or Electronic Images this opinion clarifies the Board's intent for such forms that they may be stored electronically and are not required to be printed and maintained in hard copy form merely for record keeping purposes.
- Compounding of Drugs by Nurses this opinion addresses the emergent preparation of medication for immediate use, where waiting for a pharmacist to compound such medication might not be in the patient's best interest.
- Guidance Information re Cannabidiol (CBD) Oil this guidance document was issued in response to the many requests for the legal status of CBD oil products and the retail sale of such products.
What does this mean for pharmacists practicing in the state of Louisiana?
- CBD Oil cannot be sold in pharmacies in the state. Ensure that these products are not present in the pharmacy.
- Several practice initiatives are being watched by the Board, and the Board has provided opinions on said practices. Ensure that all Standard Operating Procedures keep in mind the BOP stance.
Louisiana State Regulatory Summary- 2018
The following bills were passed during the 2018 legislative session and can be found in detail at the Louisiana Pharmacy Association.
SB: 131 Pharmacist licensure
Updates certain terminology regarding the education, professional experience, criminal background check, and application forms required for licensure.
Provides for issuance of a license in 14 working days once the applicant successfully complies with the licensing requirements.
Updates certain terminology regarding the pharmacist's license in another state being in active status, passing all exams required by the board, and investigations of the applicant's original and subsequently acquired licenses in other states.
Effective August 1, 2018.
SB: 134 Partial Dispensing of Schedule II CDS
Provides that a patient may request that the pharmacist dispense less of a Schedule II drug than the amount indicated in the prescription.
This bill mirrors the federal law requirements outlined in 21 U.S.C. 829.
Effective August 1, 2018.
What do these new regulations mean for pharmacists practicing within the state of Louisiana?
- Pharmacists that are working to gain licensure in Louisiana should have a shorter wait for their official licensure to practice once all required documentation is submitted to the board for approval. This will streamline not only a pharmacist's ability to practice within the state, but also for employers to meet pharmacy needs sooner, allowing for better patient care.
- Pharmacists may now dispense a prescription written for a controlled substance (CDS) for less than the prescribed quantity, upon the request of the patient. All federal guidelines must be met as well. This regulation brings the state guidelines in alignment with federal controlled substance partial fill regulation.
- By allowing partial fill requests, this provides a way to limit unwanted or unnecessary controlled substances from the community; reducing abuse and diversion opportunities.
For full regulatory language, refer to the Louisiana Board of Pharmacy.
