La. Admin. Code tit. 46 § LI-611

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

Section LI-611 - Mandatory Access and Review of Prescription Monitoring Program Data; Exceptions

A. Scope of Rule. The rules for this §611 provide for prescriber mandatory access and review of the Louisiana Prescription Monitoring Program, R.S. 40:100 et seq., as from time to time may be amended (PMP), and for exceptions and non-compliance.

B. As used in this §611, the following terms and phrases shall have the meanings specified.

Administer-with 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.

Board-the Louisiana State Board of Optometry Examiners, as constituted under R.S. 37:1041 et seq.

Controlled Dangerous Substance (CDS)-any 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.

Delegate-an 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.

Prescribe-to 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 licensees professional practice.

Prescriber-an optometrist or other health care provider as may hereafter be licensed by the board under this Part, whose scope of practice includes authority to prescribe opioids.

Prescription-an 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 PMP-the 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.

C. Mandatory Access and Review

1. Prior to initially prescribing any opioid to a patient, a prescriber or his/her delegate shall access and review the patients 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:

a. the drug is prescribed or administered to a hospice patient or any other patient who has been diagnosed as terminally ill;

b. the drug is prescribed or administered for the treatment of cancer-related chronic or intractable pain;

c. the drug is ordered or administered to a patient being treated in a hospital;

d. 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 patients chart; or

e. no more than a single seven-day supply of the drug is prescribed or administered to a patient.

D. Action against Optometry License. Violation or failure to comply with the provisions set forth in §303 or 611, or providing false or misleading statements in connection with any application required by this Chapter may be deemed to constitute just cause for the suspension, revocation, refusal to issue, or the imposition of probationary or other restrictions on any license or permit to practice optometry in the state of Louisiana or applied for by an optometrist culpable of such violation, or for other administrative action as the board may in its discretion determine to be necessary or appropriate, under the Act.

La. Admin. Code tit. 46, § LI-611

Promulgated by the Department of Health, Board of Optometry Examiners, LR 4626 (1/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1048.