la-202609-a722f12c7b: Emergency Medical Services Agencies
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Summary
In accordance with the provisions of the Administrative Procedure Act (R.S. 49:950 et seq.) and the Pharmacy Practice Act (R.S. 37:1161 et seq.), the Board of Pharmacy hereby gives notice of its intent to amend §2705 of its rules relative to Controlled Dangerous Substances (CDS) Licenses. To align with federal regulation allowing for a new DEA registration category for Emergency Medical Services (EMS) agencies that handle CDS, which became effective on March 9, 2026, the proposed Rule amendment allows the board to issue a CDS license in the name of the EMS agency. The proposed Rule amendmen...
The agency’s own summary, as published.
The rule, in full
1,923 words as published, September 01, 2026. View the original →
Department of Health Board of Pharmacy Emergency Medical Services Agencies (LAC 46:LIII.2705) In accordance with the provisions of the Administrative Procedure Act (R.S. 49:950 et seq.) and the Pharmacy Practice Act (R.S. 37:1161 et seq.), the Board of Pharmacy hereby gives notice of its intent to amend §2705 of its rules relative to Controlled Dangerous Substances (CDS) Licenses. To align with federal regulation allowing for a new DEA registration category for Emergency Medical Services (EMS) agencies that handle CDS, which became effective on March 9, 2026, the proposed Rule amendment allows the board to issue a CDS license in the name of the EMS agency. The proposed Rule amendment also allows an EMS agency to operate under a single CDS license in lieu of obtaining separate CDS licenses for individual locations operated by the agency. Title 46 PROFESSIONAL AND OCCUPATIONAL STANDARDS Part LIII. Pharmacists Chapter 27.Controlled Dangerous Substances Subchapter B.Licenses §2705.Licenses and Exemptions
A. - J.…
K.Emergency Medical Services (EMS) Agencies. 1.The issuance of a Controlled Dangerous Substance (CDS) license to an EMS agency, and the renewal thereof, shall require possession of a current and verifiable license, provisional license, or other authorization issued by the Bureau of Emergency Medical Services of the Office of Public Health within the Louisiana Department of Health, or its successor agency, authorizing the agency to provide emergency medical services within the state. 2.Definitions for purposes of this Subsection: Designated Location—any fixed location, station, substation, post, facility, or other operational site within Louisiana, other than the principal place of business, from which an EMS agency may deliver controlled substances of the agency from a principal place of business. EMS Agency—an organization licensed or otherwise authorized by the Bureau of Emergency Medical Services to provide prehospital emergency medical care, ambulance transportation, air ambulance transportation, or other emergency medical services recognized under Louisiana law. Principal Place of Business—a location that appears on the CDS license issued to an EMS agency by the Board which shall be where the agency receives controlled substances from distributors. 3.Notwithstanding any provision of this Chapter to the contrary, an EMS agency may maintain a single CDS license for a principal place of business in lieu of obtaining separate CDS licenses for individual designated locations operated by the agency. 4.An EMS agency operating under a single CDS license shall provide the board with a current list of all designated locations in Louisiana at which the agency may store, maintain, exchange, or otherwise use controlled substances. 5.An EMS agency shall notify the board in writing within thirty days of the establishment, closure, relocation, or material operational change of any designated location identified pursuant to Paragraph 4 of this Subsection. 6.A CDS license issued pursuant to this Subsection shall authorize the EMS agency, through its authorized personnel, vehicles, aircraft, stations, and designated locations, to store, transport, distribute, exchange, and otherwise possess controlled substances in accordance with applicable federal law, state law, and board regulations. 7.This Chapter shall be interpreted and applied in a manner consistent with applicable federal laws and regulations governing EMS agency registrations under the Controlled Substances Act. 8.Nothing in this Section shall relieve an EMS agency from compliance with any applicable requirement of the Louisiana Department of Health, the Bureau of Emergency Medical Services, the United States Drug Enforcement Administration, or any other applicable federal or state law or regulation governing the acquisition, storage, security, recordkeeping, administration, transportation, disposal, or accountability of controlled substances. AUTHORITY NOTE:Promulgated in accordance with R.S. 40:972. HISTORICAL NOTE:Promulgated by the Department of Health and Hospitals, Board of Pharmacy, LR 34:2129 (October 2008), amended LR 39:312 (February 2013), amended by the Department of Health, Board of Pharmacy, LR 46:570 (April 2020), LR 47:1640 (November 2021), LR 48:494 (March 2022), amended LR 51:1589 (October 2025), amended LR 52: Family Impact Statement In accordance with Section 953 of Title 49 of the Louisiana Revised Statutes, there is hereby submitted a family impact statement on the Rule proposed for adoption, repeal, or amendment. The following statements will be published in the Louisiana Register with the proposed agency Rule. 1.The Effect on the Stability of the Family. The proposed Rule change will have no effect on the stability of the family. 2.The Effect on the Authority and Rights of Parents Regarding the Education and Supervision of their Children. The proposed Rule change will have no effect on the authority and rights of parents regarding the education and supervision of their children. 3.The Effect on the Functioning of the Family. The proposed Rule change will have no effect on the functioning of the family. 4.The Effect on Family Earnings and Family Budget. The proposed Rule change will have no effect on family earnings and family budget. 5.The Effect on the Behavior and Personal Responsibility of Children. The proposed Rule change will have no effect on the behavior and personal responsibility of children. 6.The Ability of the Family or a Local Government to Perform the Function as Contained in the Proposed Rule. The proposed Rule change will have no effect on the ability of the family or a local government to perform the activity as contained in the proposed Rule. Poverty Impact Statement In accordance with Section 973 of Title 49 of the Louisiana Revised Statutes, there is hereby submitted a poverty impact statement on the Rule proposed for adoption, repeal, or amendment. 1.The Effect on Household Income, Assets, and Financial Security. The proposed Rule change will have no effect on household income, assets, or financial security. 2.The Effect on Early Childhood Development and Preschool through Postsecondary Education Development. The proposed Rule change will have no effect on early childhood development or preschool through postsecondary education development. 3.The Effect on Employment and Workforce Development. The proposed Rule change will have no effect on employment and workforce development. 4.The Effect on Taxes and Tax Credits. The proposed Rule change will have no effect on taxes or tax credits. 5.The Effect on Child and Dependent Care, Housing, Health Care, Nutrition, Transportation, and Utilities Assistance. The proposed Rule change will have no effect on child and dependent care, housing, health care, nutrition, transportation, or utilities assistance. Small Business Analysis In accordance with Section 965 of Title 49 of the Louisiana Revised Statutes, there is hereby submitted a regulatory flexibility analysis on the Rule proposed for adoption, repeal, or amendment. This will certify the agency has considered, without limitation, each of the following methods of reducing the impact of the proposed Rule on small businesses: 1.The Establishment of Less Stringent Compliance or Reporting Requirements for Small Businesses. The proposed Rule change will have no effect on reporting requirements for small business. 2.The Establishment of Less Stringent Schedules or Deadlines for Compliance or Reporting Requirements for Small Businesses. The proposed Rule change will have no effect on schedules or deadlines for compliance or reporting requirements for small business. 3.The Consolidation or Simplification of Compliance or Reporting Requirements for Small Businesses. The proposed Rule change will have no effect on consolidation or simplification of compliance or reporting requirements for small business. 4.The Establishment of Performance Standards for Small Businesses to Replace Design or Operational Standards Required in the Proposed Rule. The proposed Rule change will have no effect on establishment of performance standards for small businesses to replace design or operational standards for small businesses. 5.The Exemption of Small Businesses from All or Any Part of the Requirements Contained in the Proposed Rule. There are no exemptions for small businesses in the proposed Rule change. Provider Impact Statement In accordance with House Concurrent Resolution No. 170 of the Regular Session of the 2014 Legislature, there is hereby submitted a provider impact statement on the Rule proposed for adoption, repeal, or amendment. This will certify the agency has considered, without limitation, the following effects on the providers of services to individuals with developmental disabilities: 1The effect on the staffing level requirements or qualifications required to provide the same level of service. The proposed Rule change will have no effect on the staffing level requirements required to provide the same level of service. 2.The Total Direct and Indirect Effect on the Cost to the Provider to Provide the Same Level of Service. The proposed Rule change may decrease the cost to the provider to provide the same level of service for those EMS agencies with multiple locations. A single CDS license will be required for the principal place of business instead of each individual location operated by the agency. 3.The Overall Effect on the Ability of the Provider to Provide the Same Level of service. The proposed Rule change will have no impact on the ability of the provider to provide the same level of service. Public Comments Interested persons may submit written comments, via United States Postal Service or other carrier, or in the alternative by personal delivery to M. Joseph Fontenot Jr., Executive Director, at the office of the Louisiana Board of Pharmacy, 3388 Brentwood Drive, Baton Rouge, LA 70809-1700. He is responsible for responding to inquiries regarding the proposed Rule change. The deadline for the receipt of all written comments is 12 p.m. on Monday, November 2, 2026. Public Hearing A public hearing to solicit comments and testimony on the proposed Rule change is scheduled for Monday, November 2, 2026 at 9 a.m. at the Board office. During the hearing, all interested persons will be afforded an opportunity to submit comments and testimony, either verbally or in writing. The deadline for the receipt of all comments and testimony is 12 p.m. that same day. To request reasonable accommodations for persons with disabilities, please call the board office at 225.925.6496.
M. Joseph Fontenot Jr.
Executive Director FISCAL AND ECONOMIC IMPACT STATEMENT FOR ADMINISTRATIVE RULES RULE TITLE: Emergency Medical Services Agencies I.ESTIMATED IMPLEMENTATION COSTS (SAVINGS) TO STATE OR LOCAL GOVERNMENT UNITS (Summary) Other than the cost of rulemaking, there are no estimated implementation costs or savings for state or local governmental units resulting from the promulgation of the proposed Rule change. The cost to the Louisiana Board of Pharmacy is approximately $1,000 in FY 27 for the notice and Rule publication in the Louisiana Register. The proposed Rule amendment allows the Board to issue a Controlled Dangerous Substance (CDS) license in the name of the Emergency Medical Services (EMS) agency and allows an EMS agency to operate under a single CDS license in lieu of obtaining separate CDS licenses for individual locations operated by the agency. II.ESTIMATED EFFECT ON REVENUE COLLECTIONS OF STATE OR LOCAL GOVERNMENTAL UNITS (Summary) The proposed Rule change is anticipated to result in a reduction in revenue collections for the Board of Pharmacy due to the allowance for an EMS agency to operate multiple locations under a single CDS license. The amount of the reduction is indeterminable. III.ESTIMATED COSTS AND/OR ECONOMIC BENEFITS TO DIRECTLY AFFECTED PERSONS, SMALL BUSINESSES, OR NONGOVERNMENTAL GROUPS (Summary) The proposed Rule change will benefit EMS agencies by allowing the CDS license to be issued in the name of the agency instead of its medical director. In the event of a change in the medical director, a new CDS license would not have to be obtained. Further, an EMS agency will only be required to obtain one CDS license for the principal place of business, instead of for individual locations operated by the agency, resulting in cost savings to the agency of $25 per location yearly. IV.ESTIMATED EFFECT ON COMPETITION AND EMPLOYMENT (Summary) The proposed Rule change is not anticipated to impact competition and employment.
M. Joseph Fontenot, Jr.Alan M. Boxberger
Executive DirectorLegislative Fiscal Officer 2609#037Legislative Fiscal Office
Rulemaking docket
We haven’t pulled this rulemaking’s full docket yet. View docket LAC 46:LIII.2705 on Regulations.gov →
Documents
- Full text (state register) · September 01, 2026
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