Current through Register Vol. 50, No. 9, September 20, 2024
A. To be eligible for registration as a
dispensing physician for all medication, including but not limited to
controlled substances and drugs of concern, a physician shall, as of the date
of the application:
1. possess a current,
unrestricted license to practice medicine duly issued by the board;
2. have been in the active practice of
medicine for not less than three years following the date on which the
physician was awarded a doctor of medicine or doctor of osteopathy
degree;
3. not currently be
enrolled in a medical residency or other post graduate medical training
program; and
. possess a current,
unrestricted license to prescribe, dispense, and administer controlled
substances duly issued by the Office of Narcotics and Dangerous Drugs,
Department of Health and Human Resources, state of Louisiana, and be currently
registered to prescribe, dispense, and administer controlled substances,
without restriction, with the Drug Enforcement Administration, United States
Department of Justice.
B. A physician shall be deemed ineligible for
registration as a dispensing physician who:
1. has been convicted, whether upon verdict,
judgment, or plea of guilty or nolo contendere, of any crime constituting a
felony under the laws of the United States or of any state, or who has entered
into a diversion program, a deferred prosecution or other agreement in lieu of
the institution of criminal charges or prosecution for such crime;
2. has been convicted, whether upon verdict,
judgment, or plea of guilty or nolo contendere, of any crime an element of
which is the manufacture, production, possession, use, distribution, sale or
exchange of any controlled substance or who has entered into a diversion
program, a deferred prosecution or other agreement in lieu of the institution
of criminal charges or prosecution for such crime;
3. has, within the five years preceding
application for registration, abused or excessively used any medication,
alcohol, or other substance which can produce physiological or psychological
dependence or tolerance or which acts as a central nervous system stimulant or
depressant;
4. has voluntarily
surrendered or had suspended, revoked or restricted, his narcotics controlled
substance license, permit or registration (state or federal);
5. has had his professional license
suspended, revoked or placed on probation or restriction in any manner by the
board or by any licensing authority, or who has agreed not to seek
re-licensure, voluntarily surrendered, or entered into an agreement with the
board or with any licensing authority in lieu of the institution of
disciplinary charges or action against such license;
6. has had an application for professional
examination or license rejected or denied;
7. has been denied, had suspended, revoked,
restricted, or relinquished, staff or clinical privileges at any hospital or
other health care institution while under investigation for, or as a result of,
the physician's competency or conduct;
8. has been, or is currently in the process
of being, denied, terminated, suspended, refused, limited, placed on probation
or under other disciplinary action with respect to his participation in any
private, state, or federal health insurance program; or
9. has had any court determine that he is
currently in violation of a court's judgment or order for the support of
dependent children.
C.
The board may deny registration to an otherwise eligible physician for any of
the causes enumerated by
R.S.
37:1285 or any other violation of the
provisions of the Medical Practice Act.
D. The burden of satisfying the board as to
the qualifications and eligibility of the physician-applicant for registration
as a dispensing physician shall be upon the applicant. An applicant shall not
be deemed to possess such qualifications unless the applicant demonstrates and
evidences such qualifications in the manner prescribed by, and to the
satisfaction of, the board.
E. To
be eligible for registration as a dispensing physician for all medication
except controlled substances and drugs of concern, a physician shall, as of the
date of the application:
1. possess a
current, unrestricted license to practice medicine duly issued by the
board;
2. have successfully
completed a graduate medical education training program approved by the
board;
3. successfully complete
on-line or other training offered by the board respecting its dispensing rules;
and
4. not be deemed ineligible for
registration as a dispensing physician for any of the causes set forth in
§6513 B-D of this Section.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
37:1261-1292,
37:1201.