§1250. Exceptions

            A. Nothing in this Chapter shall be construed to prevent or restrict the practice of nursing by a licensed registered nurse or an advanced practice registered nurse in accordance with R.S. 37:911 et seq., 1031 through 1034, or any other laws, rules, or regulations governing the practice of nursing in the state of Louisiana.

            B. Nothing in this Chapter shall apply to a facility which engages solely in the distribution of dialysate, drugs, or devices necessary to perform home kidney dialysis to patients with end-stage renal disease if all of the following criteria are met:

            (1) The dialysate, drugs, or devices are approved or cleared by the United States Food and Drug Administration as required by federal law.

            (2) The dialysate, drugs, or devices are lawfully held by a manufacturer or manufacturer's agent that is properly registered with the board as a distributor of legend drugs or legend devices.

            (3) The dialysate, drugs, or devices are held and delivered in their original, sealed packaging from the manufacturing facility.

            (4) The dialysate, drugs, or devices are delivered only by the manufacturer or the manufacturer's agent and only upon receipt of a physician's order.

            (5) The manufacturer or manufacturer's agent delivers the dialysate, drugs, or devices directly to any of the following parties:

            (a) A patient with end-stage renal disease, or his designee, for self-administration of the dialysis therapy by the patient.

            (b) A healthcare provider or institution for administration or delivery of the dialysis therapy to a patient with end-stage renal disease.

            Acts 1999, No. 767, §1; Acts 2022, No. 154, §1.