Louisiana § RS 37:3463 - Board; appointments; terms; removal; compensation; officers

§ RS 37:3463. Board; appointments; terms; removal; compensation; officers

            A. The Louisiana Board of Drug and Device Distributors is hereby created within the Louisiana Department of Health and is subject to the provisions of R.S. 36:803. The board shall administer the provisions of this Chapter. It shall be composed of eight members, four of whom shall be licensed distributors, two of whom shall be actively engaged in the pharmaceutical manufacturing industry, one of whom shall be actively engaged in the medical device industry, and one consumer. Each member shall be appointed by the governor, subject to Senate confirmation.

            B.(1) The governor shall appoint, subject to Senate confirmation, members to the board from a list containing the names of five persons, submitted by the Louisiana Association of Wholesale Drug Distributors and from a list containing the names of two persons, submitted by the Pharmaceutical Research and Manufacturers of America. The consumer member may apply directly to the office of the governor. In the event of the death or resignation of any member of the board, the governor shall appoint his successor in the manner of the original appointment for the remainder of the unexpired term. The governor shall ensure that his appointments demonstrate race, gender, ethnic, and geographical diversity.

            (2)(a) The consumer member shall be selected from the state at large and appointed by the governor, subject to confirmation by the Senate. The consumer member of the board shall possess all of the following qualifications:

            (i) Is a citizen of the United States and has been a resident of Louisiana for at least one year immediately prior to appointment.

            (ii) Has attained the age of majority.

            (iii) Has never been licensed by any of the licensing boards identified in R.S. 36:259(A), nor shall he have a spouse who has ever been licensed by a board identified in R.S. 36:259(A).

            (iv) Has never been convicted of a felony.

            (v) Does not have and has never had a material financial interest in the healthcare profession.

            (b) The consumer member shall be a full voting member of the board with all rights and privileges conferred on board members, except that the consumer member shall not participate in the grading of individual examinations.

            C. Each member appointed to the board shall serve a term of five years.

            D. Each member shall serve until his successor has been appointed and qualified.

            E. The presidents of the Pharmaceutical Research and Manufacturers of America and the Louisiana Association of Wholesale Drug Distributors shall submit the nominations within sixty days after receipt of notice of death, resignation, or removal of a member of the board and at least thirty days prior to the expiration of the term of a member of the board.

            F.(1) Any member of the board may be removed by the governor, or a majority vote of the board, after notice and a hearing by the board wherein grounds for removal have been established. Grounds for removal shall include but not be limited to incompetence, neglect of duty, unprofessional or dishonorable conduct, or a violation of this Chapter.

            (2) A board member's seat shall be considered vacant after two consecutive absences by that member from official board meetings without a reason acceptable by the board.

            G. Each member of the board shall receive seventy-five dollars a day and reimbursement for actual expenses and mileage at the same rate set by the division of administration for state employees under the provisions of R.S. 39:231 for each day while engaged in the discharge of their duties.

            H. The board shall elect a chairman, vice chairman, secretary-treasurer, and such other officers as it considers necessary to carry out the duties or functions of the board.

            Acts 1988, No. 852, §1; Acts 1995, No. 1152, §1, eff. June 29, 1995; Acts 2008, No. 597, §1; Acts 2015, No. 443, §1, eff. July 1, 2015; Acts 2018, No. 515, §2.