Louisiana Revised Statutes Tit. 37, § 1249.1. Board action and expungement of adjudication records; procedure; confidentiality

(a) The person permitted to operate a pharmacy employed a pharmacist licensed by the board and the pharmacist committed a regulatory violation or criminal act while in the course and scope of his employment without the knowledge or consent of the person who holds the pharmacy permit.

(b) Upon learning of the regulatory violation or criminal act of the pharmacist, the person who holds the pharmacy permit terminated the pharmacist and reported the regulatory violation or criminal act to the board or any other appropriate state or federal regulatory or law enforcement agency.

(c) No other state or federal agency with regulatory or law enforcement jurisdiction took adverse action against the person who holds the pharmacy permit.

(d) The person permitted to operate a pharmacy entered into a stipulation, agreed settlement, or consent order with the board as a result of the pharmacists' regulatory violation or criminal act and the stipulation, agreed settlement, or consent order was reported to a third-party databank.

(2)(a) The board shall consider the request and if the facts stated in the request demonstrate that the applicable requirements of Subsection A of this Section are satisfied, the board shall enter into an order rescinding the applicable board action and expunging the adjudication proceeding records relative to the board stipulation, agreed settlement, consent order, default, or proceedings. The board may enter into a nondisciplinary stipulated order with the pharmacist or person permitted to operate a pharmacy agreeing to rescind board action and expunge the related board records, which shall state the provisions of Subsection A of this Section that authorize the board action rescission and expungement.

(b) If the order of expungement involves records of the division of administrative law, the board shall ensure that the order of expungement is served on the director of the division of administrative law as soon as practicable after issuance.

(2)(a) Expunged stipulations, agreed settlements, consent orders, and adjudication proceeding records shall be privileged, confidential, are no longer considered public records, and shall not be made available to any person or entity other than the board.

(b) All records concerning a request to rescind board action and expunge board records shall be confidential and shall not be made available to any person or other entity, except that such record shall be available to the board.