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Louisiana Academy of Physician Assistants
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Updated Rules as Promulgated by the LSBME

Posted 10 months ago by Sarah Deyo

Summary: LSBME Rule requiring mandatory access and review of prescription monitoring program data by physicians, podiatrists and physician assistants, prior to initially prescribing any opiod to a patient and at intervals of at least every 90 days if opioids are prescribed every 90 days. 

 

RULE

Department of Health

Board of Medical Examiners

Mandatory Access and Review of 
Prescription Monitoring Program Data
(LAC 46:XLV.Chapter 69)

In accordance with the Louisiana Administrative Procedure Act, R.S. 49:950 et seq., and pursuant to the authority of the Louisiana Medical Practice Act, R.S. 37:1270, the Louisiana Podiatry Practice Act, R.S. 37:611-37:628, the Louisiana Physician Assistant Practice Act, R.S. 37:1360.23, and the uniform controlled dangerous substances law, R.S. 40:978, as amended by Act 76 of the 2017 Regular Session of the Louisiana Legislature, the Louisiana State Board of Medical Examiners (board) has adopted the Rule requiring mandatory access and review of prescription monitoring program data prior to initially prescribing any opioid to a patient and at intervals of at least every 90 days if opioids are prescribed for more than 90 days. The Rule is applicable to individuals licensed by the board whose scope of practice includes the authority to prescribe opioids e.g., physicians, podiatrists and physician assistants. The Rule will also provide applicable definitions, specify certain exceptions provided by law and provide for non-compliance. This Rule is hereby adopted on the day of promulgation.

Title 46

PROFESSIONAL AND OCCUPATIONAL STANDARDS

Part XLV.  Medical Professions

Subpart 3.  Practice

Chapter 69.     Prescription, Dispensation, and Administration of Medications

Subchapter C. Mandatory Access and Review of Prescription Monitoring Program Data

  • 6931.   Scope of Subchapter
  1. The rules of this Subchapter provide for prescriber mandatory access and review of the Louisiana Prescription Monitoring Program, R.S. 40:1001 et seq., as from time-to-time may be amended (PMP), and for exceptions and non-compliance.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 37:1270, 37:611-37:628, 37:1360.23, and 40:978.

HISTORICAL NOTE:  Promulgated by the Department of Health, Board of Medical Examiners, LR 44:271 (February 2018).

  • 6933.   Definitions
  1. As used in this Subchapter, the following terms and phrases shall have the meanings specified.

Administer¾with respect to a medication provided or dispensed by a prescriber for use by a patient, the term administer means directly or through an agent to give,
provide, or supply for immediate oral ingestion, insertion, or topical application by the patient, or to insert, apply topically, or inject intravenously, intramuscularly, subcutaneously, intrathecally, or extrathecally.

Board¾the Louisiana State Board of Medical Examiners, as constituted under R.S. 37:1263.

Controlled Dangerous Substance¾any substance defined, enumerated or included in federal or state statute or regulations 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 and statute.

Delegate¾an individual authorized by a prescriber or dispenser who is also authorized to access and retrieve prescription monitoring program data for the purpose of assisting the prescriber or dispenser, and for whose actions the authorizing prescriber or dispenser retains accountability.

Prescribe¾to issue a request or order for a drug or medical device by an individual licensed under this Part for a legitimate medical purpose. The act of prescribing must be in good faith and in the usual course of the licensee's professional practice.

Prescriber¾a physician, podiatrist, physician assistant, and any other category of health care provider as may hereafter be licensed by the board under this Part, whose scope of practice includes authority to prescribe opioids.

Prescription¾an order from a practitioner authorized by law to prescribe for a drug or device that is patient specific and is communicated by any means to a pharmacist in a permitted pharmacy.

Prescription Monitoring Program or PMP¾the electronic system for the monitoring of controlled substances and other drugs of concern established by the Prescription Monitoring Program Act, R.S. 40:1001 et seq., as may from time-to-time be amended.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 37:1270, 37:611-37:628, 37:1360.23, and 40:978.

HISTORICAL NOTE:  Promulgated by the Department of Health, Board of Medical Examiners, LR 44:271 (February 2018).

  • 6935.   Mandatory Access and Review of Prescription Monitoring Program Data; Exceptions
  1. Prior to initially prescribing any opioid to a patient, a prescriber or his/her delegate shall access and review the patient’s record in the PMP; and
  2. If opioids are prescribed to the patient for more than 90 days, the prescriber or his/her delegate shall access and review the record in the PMP at least every 90 days.
  3. This Section shall not apply if:
  4. the drug is prescribed or administered to a hospice patient or any other patient who has been diagnosed as terminally ill;
  5. the drug is prescribed or administered for the treatment of cancer-related chronic or intractable pain;
  6. the drug is ordered or administered to a patient being treated in a hospital;
  7. the PMP is not accessible or not functioning properly due to an electronic issue. However, the prescriber shall check the PMP after electronic accessibility has been restored and note the cause for the delay in the patient’s chart; or
  8. no more than a single seven-day supply of the drug is prescribed or administered to a patient.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 37:1270, 37:611-37:628, 37:1360.23, and 40:978.

HISTORICAL NOTE:  Promulgated by the Department of Health, Board of Medical Examiners, LR 44:271 (February 2018).

  • 6937.   Effect of Non-Compliance
  1. For non-compliance with any of the provisions of this Subchapter the board may suspend, revoke, refuse to issue or impose probationary or other terms, conditions and restrictions on any license to practice in the state of Louisiana, or any registration issued under this Part, held or applied for by:
  2. a physician culpable of such violation under R.S. 37:1285(A);
  3. a podiatrist culpable of such violation under R.S. 37:624(A); and
  4. a physician assistant culpable of such violation under R.S. 37:1360.33.

AUTHORITY NOTE:   Promulgated in accordance with R.S. 37:1270, 37:611-37:628, 37:1360.23, and 40:978.

HISTORICAL NOTE:  Promulgated by the Department of Health, Board of Medical Examiners, LR 44:272 (February 2018).

 

Vincent A. Culotta, Jr., M.D.


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