Current through Register Vol. 50, No. 9, September 20, 2024
A.
Impairment. Impairment means a condition that causes an infringement on the
ability of an individual to practice, or assist in the practice of, pharmacy
sufficient to pose a danger to the public. Impairment may be caused by, but is
not limited to, alcoholism, substance abuse or addiction, mental illness, or
physical illness.
B. The impairment
committee shall have the following responsibilities:
1. supervise the Practitioner Recovery
Program;
2. recommend for board
consideration any addictionists or other professionals utilized by the
program;
3. recommend for board
consideration any action for reinstatement of recovering persons;
4. any other related responsibilities deemed
appropriate by the board.
C. Practitioner Recovery Program. The board
may establish and maintain a recovery program to assist impaired persons
through the recovery process so that they may safely return to practice. The
board may utilize the services of outside agencies to assist in the recovery of
the impaired person.
D. Informal
Hearing
1. The board may convene an informal
administrative hearing to identify an impaired person and to take appropriate
action. The board may require the appearance of any persons deemed necessary to
properly conduct an informal hearing. This process shall be conducted by the
impairment committee chairman or any other member(s) of the board or staff as
the president deems necessary.
2.
Any knowledge acquired by any board member or staff in identifying and
assisting an allegedly impaired person shall not automatically be grounds for
recusal at any later hearing on that same matter.
3. An impaired or allegedly impaired person
may enter into a preliminary consent agreement that shall include a mandatory
surrender of that person's license, permit, certification, or registration,
which shall be delivered to the board office and shall effectively prohibit
that person from practicing, or assisting in the practice of, pharmacy. Such
person shall agree to enter into an approved treatment and monitoring program
as determined by the board. This consent agreement shall not restrain the board
from conducting violations proceedings in the matter as it deems
necessary.
4. The impairment
committee may make recommendations to the full board and/or the violations
committee as it deems appropriate on an impaired or allegedly impaired
person.
E. Impaired
Reinstatement. An application for reinstatement of an impaired person shall be
filed with the impairment committee for consideration and recommendation to the
violations committee and/or the full board.
1. An impaired person may petition the board
for reinstatement of his license, permit, certification, or registration,
provided he has:
a. documented proof from an
attending physician that he has successfully completed an alcohol or substance
abuse recovery program; and
b. a
current post-treatment evaluation from a board-approved addictionist;
and
c. successfully completed any
requirements the board deems necessary with respect to the particular type of
impairment;
d. the impairment
committee may waive the above requirements for impairments not related to
alcohol or substance abuse.
2. After the above stipulations have been
met, the person applying for reinstatement may be scheduled for an interview
with the impairment committee for consideration of any recommendation to the
reinstatement committee and/or the full board.
3. Upon reinstatement, the board may place
the reinstated person on probation for a specified length of time and may
assign conditions of the probation.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
37:1182.
