| Advisory opinion request by Kevin LaGrange regarding whether he, as the Pharmacist in Charge of newly-issued Marijuana Pharmacy Permit, may serve as a board member on the Louisiana Board of Pharmacy and whether there would be any matters requiring his recusal if he is appointed to such position. |
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Mr. LaGrange is seeking appointment to the Louisiana Board of Pharmacy District 7. The qualifications for a pharmacist member of the Board of Pharmacy at the time of appointment, per La. R.S. 37:1174, require the person be currently licensed to engage in the practice of pharmacy in the state, and be actively engaged in the practice of pharmacy in this state. The board member may practice in and own a Louisiana-permitted pharmacy among other requirements. The grounds for removal of a board member of the Louisiana Board of pharmacy include the misuse of office to obtain personal, pecuniary, or material gain or advantage for himself or another through such office as stated in La. R.S. 37:1176A(2).
Mr. LaGrange is employed by a privately-owned pharmacy in Lafayette, which is within the region of District 7. He does not have any ownership interest in it. The pharmacy that employs him has been granted a medical Marijuana Pharmacy Permit and he has been designated as the "Pharmacist in Charge." He stated that he was required to obtain a Therapeutic Marijuana (TM) designation as is required of any employee working within the medical marijuana industry. This required a finger printing process at the State Police Headquarters and a criminal background check which is on file at the Board of Pharmacy.
Eric Vidrine, RPH has been designated as the "Owner's Managing Officer" of your employing pharmacy, which is the person designated by the pharmacy to be responsible to the Board of Pharmacy for the proper operation of the pharmacy in compliance with all applicable laws and regulations. Mr. LaGrange stated that annual renewal of all pharmacy permits are renewed through the Board of Pharmacy and this requirement is not limited to only individuals who are in possession of Marijuana Pharmacy Permits. While the Pharmacist in Charge designation does not require an annual renewal with the Board of Pharmacy, he will be responsible for the annual renewal of his individual pharmacy permit as all practicing/active pharmacists are required to renew licenses/permits annually through the Board of Pharmacy.
The Pharmacist in Charge is required to notify the Board of Pharmacy whenever a pharmacist, pharmacy intern, or pharmacy technician leaves the pharmacy. This notification is specific to the Medical Marijuana Pharmacy permit holders. This notice is required to be received by the Board of Pharmacy no later than ten days after the arrival or departure of the employees. In other pharmacy practice settings, the pharmacist and pharmacy technicians/interns themselves would be the only individual responsible for notifying the Board of Pharmacy within the ten days of any change in employment. Mr. LaGrange stated that the pharmacist in charge is responsible to report any identified infractions or violations such as theft, diversion, and impairment. All Pharmacies and Pharmacist in Charge are also required to follow all laws and regulations defined in the Louisiana Board of Pharmacy. Therefore, any identified infractions or violations of those laws and regulations would require reporting to the Louisiana Board of Pharmacy.
Mr. LaGrange stated that he has no personal interest in the renewal of the marijuana permit. His employment at his current employer remains constant. His current compensation has not changed since becoming the Pharmacist in Charge of the newly issued medical marijuana permit. He stated that any changes in the future would be based on annual performance evaluations and/or fair market value for a Pharmacist in Charge. In this new designation, as the Pharmacist in Charge of the Medical Marijuana permit, Mr. LaGrange will be responsible for the complete supervision, management, and compliance with all federal and state pharmacy laws and regulation. He will also be the primary contact for any board representative(s), local or state official(s) or their agents who have the right of inspection.
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La. R.S. 37:1174, require the person be currently licensed to engage in the practice of pharmacy in the state, be actively engaged in the practice of pharmacy in this state and may practice in and own a Louisiana-permitted pharmacy among other requirements. The grounds for removal of a board member of the Louisiana Board of pharmacy include the misuse of office to obtain personal, pecuniary, or material gain or advantage for himself or another through such office state in La. R.S. 37:1176A(2).
La. R.S. 42:1113B provides that no appointed member of any board or commission, member of his immediate family, or legal entity in which he has a controlling interest shall bid on or enter into or be in any way interested in any contract, subcontract, or other transaction which is under the supervision or jurisdiction of the agency of such appointed member.
La. R.S. 42:1112B(3) provides that no public servant, except as provided in R.S. 42:1120, shall participate in a transaction involving the governmental entity in which, to his actual knowledge, any person of which he is an officer, director, trustee, partner, or employee has a substantial economic interest.
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Adopt proposed advisory opinion.
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| Assigned Attorney: |
Brett Robinson |
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