Definition of Dispensing Physician
Medical-Legal Guidelines

Do you give your patients samples
of controlled substances?

If you do, you must be registered with the Louisiana State Board of Medical Examiners (LSBME) as a “dispensing physician.” Any physician who holds a Louisiana license to practice medicine may issue prescriptions for, and dispense bona fide medication samples of non-controlled substances. However, according to the LSBME Rules set forth in LAS 46:XLV, Subpart 3, Chapter 65, § 6505, a physician shall not dispense any controlled substance unless he or she is currently registered with the LSBME as a “dispensing physician.”

LAC 46:XLV, Subpart3, Chapter 65, § 6503 includes the following definitions:

“Dispense” – with respect to a drug, chemical, medication, or controlled substance, the

term “dispense” means to give, provide or supply for later oral ingestion, insertion, application, injection, or other use. 

“Bona Fide Medication Sample” - a medication, other than a controlled substance, packaged by the original manufacturer thereof in such quantity as does not exceed a reasonable therapeutic dosage for a period in excess of one week and provided at no cost to a physician for administration or dispensation to a patient at no cost to the patient.

“Controlled Substances” – any medication or other substance which is designated as a controlled substance and regulated as such under Louisiana or federal laws or regulations.

A physician must meet the following eligibility requirements to obtain a dispensing physicians registration:

• Possess a current, unrestricted license to practice medicine duly issued by the LSBME;
• Have been in the active practice of medicine for not less than three years following the date upon which the physician was awarded a doctor of medicine or a doctor of osteopathy degree;
• Not currently enrolled in a medical residency or other post graduate medical training program; and
• Possess a current, unrestricted license to prescribe, dispense, and administer controlled substances issued by the Office of Narcotics and Dangerous Drugs, Department of Health and Hospitals, State of Louisiana, and be currently registered, without restriction, with the Drug Enforcement Administration, United States Department of Justice.

The LSBME charges a non-refundable fee of $75.00 to process an application for a dispensing physician registration. You can obtain a copy of the application by going to the LSBME website at www.lsbme.org or by dialing 504.568.6820. The registration is only valid for one year. These Rules set forth extensive recordkeeping procedures and have specific requirements for the storage of controlled substances. There is also a provision which mandates that a registered physician report the theft of or the unexplained loss of controlled substances to the LSBME within 10 days of such theft or loss. Under § 6509 of the Rules, registered physicians must report any known or reasonably suspected instances of diversion in writing to the LSBME.

Under § 6507, the LSBME shall have just cause to revoke or suspend a physician’s license if he or she is found to be in violation of the registration requirement under § 6505. Violation of any other provision of these rules, such as recordkeeping, could result in suspension, revocation, or cancellation of the physician’s registration.

If you have any questions about this issue, please contact the LSMS Department of Legal Affairs at 800.375.9508 or legalaffairs@lsms.org.