§2622. Definitions

            As used in this Chapter, the following terms shall have the following meanings:

            (1) "Bona fide medication sample" means a drug, chemical, or medication packaged by the original manufacturer thereof in such quantity as does not exceed a reasonable therapeutic dosage for a period in excess of one week and provided at no cost to a physician for administration or dispensation to a patient at no cost to the patient.

            (2) Repealed by Acts 2009, No. 438, §9(B).

            (3) "Department" means the Louisiana Department of Health.

            (4) "Dispensing physician" means any physician in the state of Louisiana who has registered as a dispensing physician with the Louisiana State Board of Medical Examiners and who dispenses to his patients any drug, chemical, or medication, except a bona fide medication sample.

            (5) "Fund" means the Louisiana Medical Assistance Trust Fund.

            (6) "Intermediate care facility for people with developmental disabilities" means a facility which is licensed as an intermediate care facility for people with developmental disabilities in accordance with R.S. 28:421 et seq. by the Louisiana Department of Health.

            (7) "Medicaid program" means the medical assistance program as established in Title XIX of the Social Security Act and as administered in the state of Louisiana by the Louisiana Department of Health.

            (8) "Medical transportation provider" means any natural person, firm, corporation, partnership, or other juridical person who is engaged in delivering transportation to or from a medical service and who is paid for such delivery.

            (9) "Nursing facility" means a facility which is licensed as a nursing home in accordance with R.S. 40:2009.3 et seq. by the Louisiana Department of Health.

            (10) "Out-of-state pharmacist" means any natural person who is licensed or registered as a pharmacist by a state other than Louisiana, who is a resident of and domiciled in a state other than Louisiana, and who fills, compounds, or dispenses out-of-state prescriptions.

            (11) "Out-of-state pharmacy" means any natural person, firm, corporation, partnership, or other juridical person, that is permitted as a pharmacy by a state other than Louisiana, and that, through or by out-of-state pharmacists, sells at retail, fills, dispenses, or furnishes out-of-state prescriptions.

            (12) "Out-of-state prescription" means a physician's order, written or oral, for a drug, chemical, medicine, device, or a combination thereof, that is filled, compounded or dispensed by an out-of-state pharmacist at a location outside the state of Louisiana, provided that the person for whom the physician issued the order is a resident of and domiciled in the state of Louisiana.

            (13) "Out-patient prescription" means a prescription dispensed to an individual who is not an in-patient of a facility licensed by the Louisiana Department of Health as a hospital.

            (14) "Pharmacist" means any natural person who is licensed or registered as a pharmacist by the state of Louisiana, who is a resident of and domiciled in the state of Louisiana, and who fills, compounds, or dispenses prescriptions.

            (15) "Pharmacy" means any natural person, firm, corporation, partnership, or other juridical person that is permitted as a pharmacy by the state of Louisiana, that is located within the state of Louisiana, and that through or by pharmacists, sells at retail, fills, dispenses, or furnishes prescriptions.

            (16) "Physician" means any licensed medical doctor, dentist, or other licensed practitioner authorized to prescribe or order any drug, chemical, medicine, device, or a combination thereof, to be filled, compounded, or dispensed by a pharmacist.

            (17) "Prescription" means a physician's order, written, oral, or electronically transmitted for a drug, chemical, medicine, device, or a combination thereof, that is filled, compounded, or dispensed by a licensed or registered pharmacist or dispensing physician.

            (18) "Secretary" means the secretary of the Louisiana Department of Health.

            Acts 1992, No. 260, §1, eff. June 10, 1992; Acts 2006, No. 163, §3; Acts 2009, No. 438, §9(B); Acts 2011, No. 155, §2; Acts 2019, No. 404, §1, eff. July 1, 2020.