La. Admin. Code tit. 46 § LIII-327

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

Section LIII-327 - Impairment Committee

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.

La. Admin. Code tit. 46, § LIII-327

Promulgated by the Department of Health and Hospitals, Board of Pharmacy, LR 14:708 (October 1988), effective January 1, 1989, amended LR 29:2079 (October 2003), effective January 1, 2004.

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1182.