reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 16 - NURSING HOME ADMINISTRATORS › Section 54-1613 - REISSUANCE OF REVOKED LICENSE.

54-1613. REISSUANCE OF REVOKED LICENSE. (1) The board may, in its discretion, reissue a license to any person whose license has been revoked.
(2) Application for the reissuance of a license shall be made in such manner as the board may direct in accordance with its rules.
History:
[54-1613, added 1970, ch. 177, sec. 13, p. 512; am. 1999, ch. 161, sec. 10, p. 448.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 16 - NURSING HOME ADMINISTRATORS › Section 54-1614 - JUDICIAL REVIEW OF BOARD ACTION.

54-1614. JUDICIAL REVIEW OF BOARD ACTION. Anyone aggrieved by an action of the board may seek judicial review thereof in accordance with the provisions of chapter 52, title 67, Idaho Code.
History:
[54-1614, added 1970, ch. 177, sec. 14, p. 512; am. 1993, ch. 216, sec. 69, p. 650.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 16 - NURSING HOME ADMINISTRATORS › Section 54-1616 - DISPOSITION OF FUNDS.

54-1616. DISPOSITION OF FUNDS. All fees received under the provisions of this chapter shall be paid to the division of occupational and professional licenses and deposited in the state treasury to the credit of the occupational licenses fund and all costs and expenses incurred under the provisions of this chapter shall be a charge against and paid from said fund.
History:
[54-1616, added 1971, ch. 171, sec. 1, p. 810; am. 1974, ch. 13, sec. 138, p. 138; am. 2022, ch. 94, sec. 27, p. 300.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1701 - SHORT TITLE.

54-1701. SHORT TITLE. This chapter shall be known as the "Idaho Pharmacy Act."
History:
[54-1701, added 1979, ch. 131, sec. 3, p. 404.; am. 2013, ch. 28, sec. 2, p. 52.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1702 - LEGISLATIVE DECLARATION.

54-1702. LEGISLATIVE DECLARATION. The practice of pharmacy in the state of Idaho is declared a professional practice affecting the health, safety and welfare of the public and is subject to regulation and control in the public interest. It is further declared to be a matter of public interest and concern that the practice of pharmacy, as defined in this chapter, merits and receives the confidence of the public and that only qualified persons be permitted to engage in the practice of pharmacy in or into the state of Idaho. This chapter shall be liberally construed to carry out these objects and purposes.
History:
[54-1702, added 1979, ch. 131, sec. 3, p. 404.; am. 2013, ch. 28, sec. 3, p. 52.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1703 - STATEMENT OF PURPOSE.

54-1703. STATEMENT OF PURPOSE. It is the purpose of this act to promote, preserve and protect the health, safety and welfare of the public by and through the effective control and regulation of the practice of pharmacy and of the registration of drug outlets engaged in the manufacture, production, sale and distribution of drugs, medications, devices and such other materials as may be used in the diagnosis and treatment of injury, illness and disease.
History:
[54-1703, added 1979, ch. 131, sec. 3, p. 404.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1706 - STATE BOARD OF PHARMACY ESTABLISHED.

54-1706. STATE BOARD OF PHARMACY ESTABLISHED. There is hereby established in the division of occupational and professional licenses a state board of pharmacy whose responsibilities shall be to enforce the provisions of this act. The board shall have all of the duties, powers and authority specifically granted by and necessary to the enforcement of this act, as well as such other duties, powers and authority as it may be granted from time to time by appropriate statute.
History:
[54-1706, added 1979, ch. 131, sec. 3, p. 408; am. 2021, ch. 222, sec. 15, p. 630.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1707 - MEMBERSHIP.

54-1707. MEMBERSHIP. The board of pharmacy shall consist of five (5) members. One (1) member shall be a representative of the public, and four (4) members shall be licensed pharmacists who possess the qualifications specified in section 54-1708, Idaho Code. The board of pharmacy shall have diverse pharmacy practice experience, with at least one (1) member having substantial experience in community pharmacy and at least one (1) member having substantial experience in hospital pharmacy.
History:
[54-1707, added 1979, ch. 131, sec. 3, p. 408.; am. 2013, ch. 65, sec. 1, p. 161; am. 2021, ch. 54, sec. 3, p. 164.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1708 - QUALIFICATIONS OF BOARD MEMBERS.

54-1708. QUALIFICATIONS OF BOARD MEMBERS. (1) The public member of the board of pharmacy shall be a resident of the state of Idaho who has attained the age of majority and shall not be nor shall he ever have been a member of the profession of pharmacy, the spouse of a member of the profession of pharmacy, or a person who has or has had a material financial interest in providing pharmacy service or any other activity directly related to the practice of pharmacy.
(2) The pharmacist members of the board of pharmacy shall at the time of their appointment and at all times thereafter:
(a) Be residents of the state of Idaho;
(b) Be licensed and in good standing to engage in the practice of pharmacy in the state of Idaho;
(c) Be engaged in the practice of pharmacy in the state of Idaho;
(d) Have five (5) years of experience in the practice of pharmacy in the state of Idaho after licensure.
History:
[54-1708, added 1979, ch. 131, sec. 3, p. 408.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1709 - APPOINTMENT OF BOARD MEMBERS — NOTICE OF VACANCY — NOMINEES.

54-1709. APPOINTMENT OF BOARD MEMBERS — NOTICE OF VACANCY — NOMINEES. Prior to the expiration of the regular term of a member of the board or upon the occurrence of declaration of a vacancy in the membership of the board, the governor shall appoint a qualified person to fill the vacancy. The governor may consider recommendations for appointment to the board from the Idaho state pharmacy association and from any individual residing in this state.
History:
[54-1709, added 1979, ch. 131, sec. 3, p. 409; am. 1997, ch. 22, sec. 1, p. 32; am. 2016, ch. 340, sec. 20, p. 943.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1710 - TERMS OF OFFICE.

54-1710. TERMS OF OFFICE. (1) Except as provided in subsection (2) of this section, members of the board of pharmacy shall be appointed for a term of five (5) years, except that members of the board who are appointed to fill vacancies that occur prior to the expiration of a former member’s full term shall serve the unexpired portion of such term.
(2) The terms of the members of the board shall be staggered, so that the term of no more than one (1) member shall expire in any year.
(3) No member of the board shall serve more than two (2) consecutive full terms. The completion of the unexpired portion of a full term shall not constitute a full term for purposes of this section.
(4) An appointee to a full term on the board shall be appointed by the governor as provided in section 54-1709, Idaho Code, and be effective on July 1 of the year of appointment. Appointees to unexpired portions of full terms shall become members of the board upon appointment.
History:
[54-1710, added 1979, ch. 131, sec. 3, p. 409.; am. 2016, ch. 71, sec. 1, p. 248; am. 2021, ch. 54, sec. 4, p. 164.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1711 - VACANCIES.

54-1711. VACANCIES. Any vacancy which occurs in the membership of the board for any reason, including expiration of term, removal, resignation, death, disability or disqualification, shall be filled by the governor in the manner prescribed in section 54-1709, Idaho Code.
History:
[54-1711, added 1979, ch. 131, sec. 3, p. 409.; am. 2020, ch. 14, sec. 5, p. 47.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1712 - REMOVAL OF BOARD MEMBERS.

54-1712. REMOVAL OF BOARD MEMBERS. All board members shall serve at the pleasure of the governor.
History:
[54-1712, added 1979, ch. 131, sec. 3, p. 410; am. 2016, ch. 340, sec. 21, p. 943.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1713 - ORGANIZATION OF THE BOARD.

54-1713. ORGANIZATION OF THE BOARD. (1) The board of pharmacy shall elect from its members a chairman and such other officers as it deems appropriate and necessary to the conduct of its business. The chairman of the board of pharmacy shall preside at all meetings of the board and shall be responsible for the performance of all of the duties and functions of the board required or permitted by this chapter. Each additional officer elected by the board shall perform those duties normally associated with his position and such other duties assigned to him from time to time by the board.
(2) Officers elected by the board shall serve terms of one (1) year, commencing with the day of their election and ending upon election of their successors.
(3) The administrator of the division of occupational and professional licenses shall carry out the duties set forth in chapter 26, title 67, Idaho Code, on behalf of the board.
History:
[54-1713, added 1979, ch. 131, sec. 3, p. 410.; am. 2016, ch. 71, sec. 2, p. 248; am. 2016, ch. 341, sec. 3, p. 967; am. 2021, ch. 221, sec. 6, p. 612.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1714 - COMPENSATION OF BOARD MEMBERS.

54-1714. COMPENSATION OF BOARD MEMBERS. Each member of the board of pharmacy shall be compensated as provided by section 59-509(p), Idaho Code, for each day on which the member is engaged in performance of the official duties of the board and reimbursed for all expenses incurred in connection with the discharge of such official duties.
History:
[54-1714, added 1979, ch. 131, sec. 3, p. 410; am. 1980, ch. 247, sec. 63, p. 627; am. 1982, ch. 260, sec. 1, p. 671; am. 1996, ch. 237, sec. 2, p. 767; am. 2016, ch. 71, sec. 3, p. 249; am. 2021, ch. 221, sec. 7, p. 612.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1715 - MEETINGS OF THE BOARD.

54-1715. MEETINGS OF THE BOARD. (1) The board of pharmacy shall meet at least once every six (6) months to transact its business. One (1) such meeting held during each fiscal year of the state shall be designated as the annual meeting and shall be for the purpose of electing officers and for the reorganization of the board. The board shall meet at such additional times as it may determine. Such additional meetings may be called by the chairman of the board or by three (3) of the members of the board.
(2) The board shall meet at such place as it may from time to time determine. The place for each meeting shall be determined prior to giving notice of such meeting and shall not be changed after such notice is given without adequate subsequent notice.
(3) Notice of all meetings of the board shall be given in the manner and pursuant to requirements prescribed by the state’s applicable statutes and rules.
(4) A majority of the members of the board shall constitute a quorum for the conduct of a board meeting and, except where a greater number is required by the act or by any rule of the board, all actions of the board shall be by a majority of a quorum.
(5) All meetings and hearings of the board shall be conducted in compliance with the provisions of chapter 2, title 74, Idaho Code.
History:
[54-1715, added 1979, ch. 131, sec. 3, p. 410; am. 2015, ch. 141, sec. 139, p. 485; am. 2021, ch. 54, sec. 5, p. 164.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1716 - EMPLOYEES.

54-1716. EMPLOYEES. (1) The board of pharmacy may, in its discretion, employ persons in addition to the executive director in such other positions or capacities as it deems necessary to the proper conduct of board business and to the fulfillment of the board’s responsibilities as defined by this act.
(2) The employees of the board other than the executive director and the board’s chief controlled substance investigator under chapter 27, title 37, Idaho Code, shall be classified employees and shall receive, as compensation, an annual salary payable on regular pay periods, the amount of which shall be determined by the division of human resources classification and compensation plan set forth in section 67-5309, Idaho Code, and reimbursement for all expenses incurred in connection with performance of their official duties.
History:
[54-1716, added 1979, ch. 131, sec. 3, p. 411; am. 2000, ch. 353, sec. 1, p. 1187.; am. 2023, ch. 6, sec. 1, p. 10.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1717 - RULES.

54-1717. RULES. The board of pharmacy shall make, adopt, amend, and repeal such rules as may be deemed necessary by the board, from time to time, for the proper administration and enforcement of this chapter. Such rules shall be promulgated in accordance with the procedures specified in chapter 52, title 67, Idaho Code, the administrative procedure act.
History:
[54-1717, added 1979, ch. 131, sec. 3, p. 411; am. 2019, ch. 25, sec. 1, p. 38.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1718 - LICENSURE AND DISCIPLINE.

54-1718. LICENSURE AND DISCIPLINE. (1) The board of pharmacy shall be responsible for the control and regulation of the practice of pharmacy in this state including, but not limited to, the following:
(a) The licensing by examination or by reciprocity of applicants who are qualified to engage in the practice of pharmacy under the provisions of this chapter;
(b) The renewal of licenses to engage in the practice of pharmacy;
(c) The determination and issuance of standards for recognition and approval of schools and colleges of pharmacy whose graduates shall be eligible for licensure in this state, and the specification and enforcement of requirements for practical training, including internship;
(d) The enforcement of the provisions of this chapter relating to the conduct or competence of pharmacists practicing in this state, and the suspension, revocation or restriction of licenses to practice pharmacy;
(e) The regulation of the training, qualifications and employment of pharmacist interns.
(2) The board of pharmacy shall require the following applicants to submit to a fingerprint-based criminal history check of the Idaho central criminal history database and the federal bureau of investigation criminal history database:
(a) Original applicants for a certificate, unless exempted by board rule; and
(b) Applicants for reinstatement of a certificate.
Each applicant shall submit a completed ten (10) finger fingerprint card or scan to the board of pharmacy at the time of application and shall pay the cost of the criminal history check.
History:
[54-1718, added 1979, ch. 131, sec. 3, p. 411; am. 2010, ch. 63, sec. 1, p. 112; am. 2015, ch. 36, sec. 1, p. 75; am. 2018, ch. 37, sec. 2, p. 81; am. 2021, ch. 54, sec. 6, p. 165.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1719 - MEDICATIONS — DRUGS — DEVICES — OTHER MATERIALS.

54-1719. MEDICATIONS — DRUGS — DEVICES — OTHER MATERIALS. The board of pharmacy shall also have the following responsibilities in regard to medications, drugs, devices and other materials used in this state in the diagnosis, mitigation and treatment or prevention of injury, illness and disease:
(1) The regulation of the sale at retail and the dispensing of medications, drugs, devices and other materials, including the method of dispensing in institutional facilities and including the right to seize such drugs, devices and other materials found to be detrimental to the public health and welfare by the board after appropriate hearing as required under the administrative procedure act;
(2) The specifications of minimum professional and technical equipment, environment, supplies and procedures for the compounding, dispensing and distribution of such medications, drugs, devices and other materials within the practice of pharmacy;
(3) The control of the purity and quality of such medications, drugs, devices and other materials within the practice of pharmacy; and
(4) The issuance and renewal of certificates of drug outlets for purposes of ascertaining those persons engaged in the manufacture and distribution of drugs.
History:
[54-1719, added 1979, ch. 131, sec. 3, p. 412; am. 1990, ch. 144, sec. 1, p. 324; am. 2013, ch. 270, sec. 2, p. 702; am. 2021, ch. 54, sec. 7, p. 165.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1721 - UNLAWFUL PRACTICE.

54-1721. UNLAWFUL PRACTICE. (1) It shall be unlawful for any person or business entity to engage in the practice of pharmacy including, but not limited to, pharmaceutical care services in or into Idaho unless licensed or registered to so practice under the provisions of this chapter, except as provided in this subsection:
(a) Practitioners who are licensed under the laws of this state and their agents or employees may deliver and administer prescription drugs to their patients in the practice of their respective professions where specifically authorized to do so by statute of this state;
(b) Nonresident pharmacists who are actively licensed in their state of residence may practice pharmacy into Idaho if employed by or affiliated with and practicing for an Idaho-registered nonresident drug outlet. Only the PIC of a registered nonresident facility must be registered to practice into Idaho;
(c) Multistate licensees permitted to engage in the multistate practice of pharmacy in or into Idaho pursuant to section 54-1723B, Idaho Code;
(d) A veterinary drug outlet, as defined in section 54-1705, Idaho Code, does not need to register with the board if the outlet does not dispense for outpatient use any controlled substances listed in chapter 27, title 37, Idaho Code, euthanasia drugs, tranquilizer drugs, neuromuscular paralyzing drugs or general anesthesia drugs;
(e) Employees of the public health districts established under section 39-408, Idaho Code, shall be permitted to engage in the labeling and delivery of prepackaged items pursuant to a valid prescription drug order and in accordance with a formulary established by the district health director; and
(f) Researchers may possess legend drugs for use in their usual and lawful research projects.
(2) It shall be unlawful for any person not legally licensed as a pharmacist to take, use or exhibit the title of pharmacist or any other title or description of like import.
(3) Any person who shall be found to have unlawfully engaged in the practice of pharmacy shall be subject to a fine not to exceed three thousand dollars ($3,000) for each offense. Each such violation of this chapter or the rules promulgated hereunder pertaining to unlawfully engaging in the practice of pharmacy shall also constitute a misdemeanor punishable upon conviction as provided in the criminal code of this state.
History:
[54-1721, added 1979, ch. 131, sec. 3, p. 415; am. 2010, ch. 346, sec. 1, p. 904; am. 2013, ch. 28, sec. 7, p. 59; am. 2018, ch. 37, sec. 4, p. 84; am. 2019, ch. 25, sec. 3, p. 41; am. 2021, ch. 54, sec. 9, p. 167.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1722 - QUALIFICATIONS FOR LICENSURE BY EXAMINATION.

54-1722. QUALIFICATIONS FOR LICENSURE BY EXAMINATION. (1) To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall:
(a) Have submitted a written application in the form prescribed by the board of pharmacy;
(b) Have attained the age of majority;
(c) Have graduated and received the first professional degree from a school or college of pharmacy approved by the board of pharmacy;
(d) Have completed an internship or other program approved by the board of pharmacy or demonstrated to the board’s satisfaction experience in the practice of pharmacy that meets or exceeds the minimum internship requirements of the board;
(e) Have successfully passed an examination given by the board of pharmacy; and
(f) Paid the fees specified by the board of pharmacy for examination and issuance of license.
(2) Examinations. The examination shall be prepared to measure the competence of the applicant to engage in the practice of pharmacy. The board may employ and cooperate with any organization or consultant in the preparation and grading of an appropriate examination, but shall retain the sole discretion and responsibility of determining which applicants have successfully passed such an examination.
(3) Internship and other training programs. All applicants for licensure by examination shall obtain practical experience in the practice of pharmacy concurrent with or after college attendance, or both, under such terms and conditions as the board shall determine.
(4) Any applicant who is a graduate of a school or college of pharmacy located outside the United States, the degree program of which has not been approved by the board, but who is otherwise qualified to apply for a license to practice pharmacy in this state, may be considered to have satisfied the degree requirements of subsection (1)(d) of this section by verification to the board of his academic record and his graduation and by meeting any other requirements as the board may establish from time to time. The board may require that the applicant successfully pass an examination given or approved by the board to establish proficiency in English and an equivalency of education with qualified graduates of a degree program specified in subsection (1)(d) of this section as a prerequisite of taking the licensure examination as provided in subsection (1)(f) of this section.
History:
[54-1722, added 1979, ch. 131, sec. 3, p. 415; am. 1985, ch. 49, sec. 1, p. 99; am. 2018, ch. 37, sec. 5, p. 85; am. 2020, ch. 14, sec. 6, p. 47; am. 2021, ch. 54, sec. 10, p. 168.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1723 - QUALIFICATIONS FOR LICENSURE BY RECIPROCITY.

54-1723. QUALIFICATIONS FOR LICENSURE BY RECIPROCITY. (1) To obtain a license as a pharmacist by reciprocity, an applicant for licensure shall:
(a) Have submitted a written application in the form prescribed by the board of pharmacy;
(b) Have attained the age of majority;
(c) Have possessed at the time of initial licensure as a pharmacist such other qualifications necessary to have been eligible for licensure at that time in this state;
(d) Have presented to the board proof of initial licensure by examination and proof that such license and any other certificate granted to the applicant by any other state or states is not at the time of application suspended, revoked, canceled or otherwise restricted in a manner preventing the applicant from practicing as a pharmacist for any reason except nonrenewal or the failure to obtain required continuing education credits in any state where the applicant is licensed but not engaged in the practice of pharmacy; and
(e) Have paid the fees specified by the board of pharmacy for issuance of a license.
(2) Eligibility. No applicant shall be eligible for licensure by reciprocity unless the state in which the applicant was initially licensed as a pharmacist also grants reciprocal licensure to pharmacists duly licensed by examination in this state, under like circumstances and conditions.
History:
[54-1723, added 1979, ch. 131, sec. 3, p. 416; am. 2005, ch. 218, sec. 1, p. 693; am. 2017, ch. 24, sec. 1, p. 43; am. 2018, ch. 37, sec. 6, p. 86; am. 2021, ch. 54, sec. 11, p. 169.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1723A - CERTIFICATE TO ENGAGE IN THE PRACTICE OF PHARMACY INTO IDAHO.

54-1723A. CERTIFICATE TO ENGAGE IN THE PRACTICE OF PHARMACY INTO IDAHO. (1) To obtain a certificate to practice as a pharmacist into the state of Idaho, the applicant shall:
(a) Be licensed and in good standing in the state from which the applicant practices pharmacy;
(b) Submit a written application in the form prescribed by the board;
(c) Pay the fee(s) specified by the board for the issuance of the certificate; and
(d) Comply with all other requirements of the board.
(2) A successful applicant for a certificate under this section shall be subject to the disciplinary provisions of section 54-1726, Idaho Code, the penalty provisions of section 54-1728, Idaho Code, and the rules of the board.
(3) A successful applicant for a certificate under this section shall comply with the board’s laws and rules of this state unless compliance would violate the laws or rules in the state in which the applicant is located.
(4) Renewal shall be required annually and submitted to the board no later than the last day of the applicant’s birth month. The board shall specify by rule the procedures to be followed and the fees to be paid for renewal of the certificate.
History:
[54-1723A, added 2009, ch. 244, sec. 4, p. 752; am. 2010, ch. 116, sec. 1, p. 242; am. 2013, ch. 28, sec. 8, p. 60; am. 2014, ch. 34, sec. 1, p. 54; am. 2018, ch. 37, sec. 7, p. 88; am. 2021, ch. 54, sec. 12, p. 169.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1725 - CONTINUING PHARMACY EDUCATION.

54-1725. CONTINUING PHARMACY EDUCATION. The board may determine which continuing education programs are accredited, the amount of continuing education to be required, and other rules pertaining to continuing education.
History:
[54-1725, added 1979, ch. 131, sec. 3, p. 417; am. 2018, ch. 37, sec. 9, p. 88; am. 2020, ch. 14, sec. 7, p. 48.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1726 - GROUNDS FOR DISCIPLINE.

54-1726. GROUNDS FOR DISCIPLINE. (1) The board of pharmacy may penalize as set forth in section 54-1728, Idaho Code, a certificate of any person, pursuant to the procedures set forth in chapter 52, title 67, Idaho Code, upon one (1) or more of the following grounds:
(a) Unprofessional conduct as that term is defined by the rules of the board;
(b) Incapacity of a nature that prevents a person from engaging in the practice of pharmacy with reasonable skill, competence and safety to the public;
(c) Being found guilty, convicted or having received a withheld judgment or suspended sentence by a court of competent jurisdiction in this state or any other state of one (1) or more of the following:
(i) Any crime deemed relevant in accordance with section 67-9411(1), Idaho Code;
(ii) Any act related to the qualifications, functions or duties of a licensee or registrant; or
(iii) Violations of the pharmacy or drug laws of this state or rules pertaining thereto, or of statutes, rules or regulations of any other state, or of the federal government;
(d) Fraud or intentional misrepresentation by a licensee or registrant in securing the issuance or renewal of a certificate;
(e) Engaging or aiding and abetting an individual to engage in the practice of pharmacy without a certificate or falsely using the title of pharmacist; and
(f) Being found by the board to be in violation of any of the provisions of this chapter, chapter 27, title 37, Idaho Code, or rules adopted pursuant to either chapter.
(2) Nonresident licensees and registrants shall be held accountable to the board for violations by its agents and employees and subject to the same grounds for discipline and penalties for their actions as set forth herein.
History:
[54-1726, added 1979, ch. 131, sec. 3, p. 417; am. 1985, ch. 152, sec. 3, p. 409; am. 1988, ch. 12, sec. 1, p. 15; am. 1993, ch. 216, sec. 70, p. 650; am. 2013, ch. 28, sec. 9, p. 61; am. 2020, ch. 175, sec. 22, p. 525; am. 2021, ch. 54, sec. 15, p. 171.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1729A - WHOLESALE DRUG DISTRIBUTOR — LICENSURE.

54-1729A. WHOLESALE DRUG DISTRIBUTOR — LICENSURE. (1) In addition to meeting federal requirements, every business entity that engages in the wholesale distribution of prescription drugs in or into Idaho must be licensed by the board as a wholesale distributor except:
(a) Manufacturers distributing their own federal food and drug administration-approved drugs and devices, including distribution of prescription drug samples by manufacturers’ representatives and intracompany sales, meaning any transaction or transfer between any division, subsidiary, parent, or affiliated or related company under common ownership and control of a corporate entity or any transfer between colicensees of a colicensed product, unless particular requirements are deemed necessary and appropriate following rulemaking;
(b) An entity that donates prescription drugs, when conducted in accordance with sections 54-1760 through 54-1765, Idaho Code;
(c) A pharmacy distributing in accordance with section 54-1732, Idaho Code; and
(d) Persons selling, purchasing, distributing, trading, or transferring a prescription drug for emergency medical reasons.
(2) The board shall not issue a wholesale distributor license to an applicant unless the board determines that the designated representative meets the following qualifications:
(a) Is actively involved in and aware of the actual daily operation of the wholesale distributor; and
(b) Is physically present at the facility of the applicant during regular business hours, except when the absence of the designated representative is authorized, including but not limited to sick leave and vacation leave.
(3) All applicant-designated representatives shall submit to a fingerprint-based criminal history check of the Idaho central criminal history database and the federal bureau of investigation criminal history database. Each applicant shall submit a completed ten (10) finger fingerprint card or scan to the board of pharmacy at the time of application and shall pay the cost of the criminal history check.
(4) A wholesale distributor shall have adequate processes in place for monitoring purchase activity of customers and identifying suspicious ordering patterns that indicate potential diversion or criminal activity related to controlled substances such as orders of unusual size, orders deviating substantially from a normal pattern, orders for drugs that are outside of the prescriber’s scope of practice, or orders of unusual frequency.
(5) The board may adopt rules to approve an accreditation body to evaluate a wholesaler’s operations to determine compliance with professional standards and any other applicable laws and to perform inspections of each facility and location where wholesale distribution operations are conducted by the wholesaler.
History:
[54-1729A, added 2021, ch. 54, sec. 19, p. 175.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1730 - DRUG OUTLET APPLICATION PROCEDURES.

54-1730. DRUG OUTLET APPLICATION PROCEDURES. (1) The board shall specify by rule the procedures to be followed, including but not limited to specification of forms for use in applying for such certificates and times, places and fees for filing such application.
(2) Applications for certificates shall include the following information about the proposed outlet:
(a) Ownership; and
(b) Location.
(3) Certificates issued by the board pursuant to this chapter are not transferable or assignable.
(4) The board shall specify by rule minimum standards for the professional responsibility in the conduct of any outlet that has employees or personnel engaged in the practice of pharmacy. The board is specifically authorized to require that the portion of the pharmacy to which registration applies be operated only under the direct supervision of no less than one (1) pharmacist licensed to practice in this state, and not otherwise, and to provide such other special requirements as deemed necessary.
History:
[54-1730, added 1979, ch. 131, sec. 3, p. 420; am. 2013, ch. 28, sec. 12, p. 64; am. 2018, ch. 37, sec. 12, p. 91; am. 2019, ch. 25, sec. 7, p. 45; am. 2021, ch. 54, sec. 20, p. 176.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1731 - NOTIFICATIONS.

54-1731. NOTIFICATIONS. All drug outlets shall report to the board of pharmacy the occurrence of any of the following changes:
(1) Permanent closing;
(2) Change of ownership or location;
(3) Disasters, accidents, and emergencies that affect the safe and continued operation of a drug outlet; and
(4) Any and all other matters and occurrences as the board may require by rule.
History:
[54-1731, added 1979, ch. 131, sec. 3, p. 421; am. 2019, ch. 25, sec. 8, p. 46; am. 2021, ch. 54, sec. 21, p. 177.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1733A - TRANSMISSION OF PRESCRIPTION DRUG ORDERS.

54-1733A. TRANSMISSION OF PRESCRIPTION DRUG ORDERS. A valid prescription drug order may be transmitted to a registered pharmacy in accordance with federal law by the following means:
(1) By delivery of the original signed written prescription drug order or a digital image of the order; or
(2) By a prescriber, prescriber’s agent, or representative of a state-licensed or federally certified provider community:
(a) Electronically in compliance with the uniform electronic transactions act, chapter 50, title 28, Idaho Code, or via a secure, interoperable information technology system that exchanges data accurately and in compliance with applicable laws;
(b) Verbally; or
(c) Via facsimile.
History:
[54-1733A, added 2015, ch. 26, sec. 2, p. 41; am. 2018, ch. 37, sec. 14, p. 93; am. 2019, ch. 25, sec. 11, p. 50; am. 2021, ch. 54, sec. 23, p. 179.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1733B - OPIOID ANTAGONISTS.

54-1733B. OPIOID ANTAGONISTS. (1) Notwithstanding any other provision of law, any health professional licensed or registered under this title, acting in good faith and exercising reasonable care, may prescribe and dispense an opioid antagonist to any person or entity.
(2) Notwithstanding any other provision of law, any person acting in good faith and exercising reasonable care may administer an opioid antagonist to another person who appears to be experiencing an opiate-related overdose. As soon as possible, the administering person shall contact emergency medical services.
(3) Any person who prescribes, dispenses, or administers an opioid antagonist pursuant to subsection (1) or (2) of this section shall not be liable in a civil or administrative action or subject to criminal prosecution for such acts.
History:
[54-1733B, added 2015, ch. 88, sec. 4, p. 221; am. 2019, ch. 23, sec. 1, p. 27; am. 2021, ch. 54, sec. 24, p. 179; am. 2022, ch. 45, sec. 4, p. 131.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1733D - EPINEPHRINE AUTO-INJECTORS — PRESCRIPTION AND ADMINISTRATION.

54-1733D. EPINEPHRINE AUTO-INJECTORS — PRESCRIPTION AND ADMINISTRATION. (1) Notwithstanding any other provision of law, any prescriber or pharmacist acting in good faith and exercising reasonable care may prescribe an epinephrine auto-injector to any person or entity.
(2) Notwithstanding any other provision of law, any person acting in good faith and exercising reasonable care may administer an epinephrine auto-injector to another person who appears to be experiencing anaphylaxis. As soon as possible, the administering person shall contact emergency medical services.
(3) Any person who prescribes, dispenses, or administers an epinephrine auto-injector pursuant to subsection (1) or (2) of this section shall not be liable in a civil or an administrative action or subject to criminal prosecution for such acts.
History:
[54-1733D, added 2016, ch. 264, sec. 5, p. 699; am. 2020, ch. 14, sec. 9, p. 49; am. 2021, ch. 54, sec. 25, p. 180; am. 2022, ch. 45, sec. 5, p. 131.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1736 - DECLARATION OF COMMON NUISANCE.

54-1736. DECLARATION OF COMMON NUISANCE. Any store, shop, warehouse, dwelling house, apartment, building, vehicle, boat, aircraft, or any place whatsoever used by any person for the purpose of unlawfully using any legend drug, or used for the unlawful keeping or selling of the same, is a common nuisance. No person shall keep or maintain such a common nuisance, or frequent or visit such place, knowing it to be used for any said purposes.
History:
[54-1736, added 1979, ch. 131, sec. 3, p. 424; am. 2021, ch. 54, sec. 26, p. 180.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1737 - BURDEN OF PROOF.

54-1737. BURDEN OF PROOF. (a) In any complaint, information, affidavit or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter, proviso, or exemption contained in this chapter, the burden of proof is upon the party claiming any such exception, excuse, proviso or exemption.
(b) Anyone wholesaling or retailing prescription or legend drugs shall bear the burden of ascertaining that the receiver of such drugs is entitled by law to administer, dispense or deliver such drugs and proof that one has sold such drugs at wholesale or retail to an unauthorized person shall be prima facie evidence of illegality.
History:
[57-1737, added 1979, ch. 131, sec. 3, p. 424.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1737A - RESTRICTIONS ON TRANSACTIONS.

54-1737A. RESTRICTIONS ON TRANSACTIONS. (1) A wholesale distributor shall not engage in the wholesale distribution of prescription drugs purchased from pharmacies or practitioners or from wholesale distributors that purchase them from pharmacies or practitioners.
(2) A manufacturer or wholesale distributor shall furnish prescription drugs only to a person licensed by the appropriate state licensing agency to manufacture, distribute, dispense, conduct research on, or independently administer such prescription drugs, unless exempted by law. A manufacturer or wholesale distributor shall furnish a scheduled controlled substance listed in section 37-2705, 37-2707, 37-2709, 37-2711, or 37-2713, Idaho Code, only to a person who has been issued a valid controlled substance registration by the United States drug enforcement administration and the Idaho board of pharmacy, unless exempted by state or federal law.
(3) Prescription drugs furnished by a manufacturer or wholesale distributor shall be delivered only to a principal place of business or a professional practice.
History:
[54-1737A, added 2021, ch. 54, sec. 27, p. 180.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1738 - PROOF THAT A DRUG IS A PRESCRIPTION DRUG OR LEGEND DRUG.

54-1738. PROOF THAT A DRUG IS A PRESCRIPTION DRUG OR LEGEND DRUG. The following shall constitute prima facie evidence in any criminal or civil proceeding in this state that a drug is a prescription drug or legend drug:
(1) In the case of a drug for which a new drug application was submitted to the United States food and drug administration, the affidavit of an officer having legal custody of the official records of the United States food and drug administration stating that such records show that the new drug application was approved, setting forth the date of approval, and further stating that the records show that proposed labeling for the drug which includes the legend "Caution: Federal law prohibits dispensing without a prescription" was approved. The affidavit shall be accompanied by a certificate that such officer has the custody.
(2) In the case of a drug for which the United States food and drug administration does not require an approved new drug application as a condition for marketing the drug, the affidavit of an officer having legal custody of the official records of the United States food and drug administration stating that such records reflect that the drug meets the criteria of federal law to be regarded as a prescription drug and is required to bear the legend "Caution: Federal law prohibits dispensing without a prescription." The affidavit shall be accompanied by a certificate that such officer has the custody.
(3) In the case of a drug designated a prescription drug by action of the state board of pharmacy, independently of federal law, the affidavit of an officer having legal custody of the records of the state board of pharmacy stating that such records show that the drug has been denominated a prescription drug, to which shall be attached a copy of the official document evidencing such action. The affidavit shall be accompanied by a certificate that such officer has the custody.
(4) This section does not prevent proof that a drug is a prescription or legend drug by any method authorized by any applicable statute, rule of procedure or rule of evidence.
History:
[54-1738, added 1979, ch. 131, sec. 3, p. 424; am. 2018, ch. 37, sec. 16, p. 94.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1739 - PROSPECTIVE DRUG REVIEW AND COUNSELING.

54-1739. PROSPECTIVE DRUG REVIEW AND COUNSELING. (1) Before dispensing any new prescription, a pharmacist shall complete a prospective drug review.
(2) Before dispensing a prescription for a new medication, or when otherwise deemed necessary or appropriate, a pharmacist shall counsel the patient or caregiver. Counseling shall include such supplemental written materials as required by law or as are customary in that practice setting. For refills or renewed prescriptions, a pharmacist or a technician shall extend an offer to counsel the patient or caregiver. If such offer is accepted, a pharmacist shall provide such counseling as necessary or appropriate in the professional judgment of the pharmacist. All counseling and offers to counsel shall be face-to-face with the patient or caregiver when possible, but if not possible, then a reasonable effort shall be made to contact the patient or caregiver. Nothing in this section shall require a pharmacist to provide counseling when a patient or caregiver refuses such counseling or when counseling is otherwise impossible. Patient counseling shall not be required for inpatients of a hospital or institutional facility when licensed health care professionals administer the medication.
(3) This section shall apply to all registered outlets.
History:
[54-1739, added 2011, ch. 263, sec. 2, p. 708; am. 2020, ch. 14, sec. 12, p. 49; am. 2021, ch. 54, sec. 28, p. 181.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1760 - SHORT TITLE.

54-1760. SHORT TITLE. Sections 54-1760 through 54-1765, Idaho Code, shall be known and may be cited as the "Idaho Legend Drug Donation Act."
History:
[54-1760, added 2009, ch. 143, sec. 1, p. 428.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1762 - LEGEND DRUG DONATION.

54-1762. LEGEND DRUG DONATION. (1) Legend drugs may be transferred from a qualified donor to a donation repository for donation to medically indigent patients.
(2) Qualified donors may distribute legend drugs in accordance with the following requirements:
(a) Drugs donated by an individual member of the public must be in the manufacturer’s original sealed packaging, including those packaged in single unit doses when the outside packaging is open and the single unit dose packaging is intact; and
(b) Drugs donated by an entity that is a qualified donor must meet either of the following conditions:
(i) The drugs are in the manufacturer’s original sealed packaging, including those packaged in single unit doses when the outside packaging is open and the single unit dose packaging is intact; or
(ii) The drugs are opened or unsealed but have remained under the control and storage of the qualified donor.
(3) Donation repositories may accept drugs in accordance with the following specifications:
(a) Only drugs that bear a clear and verifiable lot number and expiration date may be accepted and dispensed. Drugs bearing an expiration date fewer than three (3) months from the date the drug is donated shall not be accepted and shall not be dispensed;
(b) Drugs and other substances provided in schedules II through V of article II, chapter 27, title 37, Idaho Code, shall not be accepted and shall not be dispensed; and
(c) A drug shall not be accepted or dispensed if the person accepting or dispensing the drug has reason to believe that the drug has been adulterated.
(4) Any donation repository dispensing legend drugs shall:
(a) Comply with all applicable federal and state laws related to the storage and distribution of drugs;
(b) Inspect all drugs prior to dispensing to determine that such drugs have not been adulterated;
(c) Dispense drugs pursuant only to a valid prescription; and
(d) Separate donated drugs from the donation repository’s normal drug stock. Donated drugs may not be resold.
(5) Nothing in this section shall require any person or entity to donate legend drugs, dispense donated legend drugs, transfer legend drugs for donation, or accept donated legend drugs.
(6) Nothing in this section shall prohibit or restrict the return of unused prescription drugs to the Idaho medicaid program pursuant to rules promulgated by the Idaho department of health and welfare.
History:
[54-1762, added 2019, ch. 82, sec. 4, p. 197.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1762A - DRUG DONATION FOR ANIMALS.

54-1762A. DRUG DONATION FOR ANIMALS. Notwithstanding any other provision of law:
(1) An owner or a legal caretaker of an animal may donate a drug that is dispensed for the animal, but will not be used by that animal, to a licensed veterinarian of a veterinary medical facility, as that term is defined in section 54-2103, Idaho Code, if the veterinarian or facility chooses to accept the drug.
(2) A licensed veterinarian or a veterinary medical facility may accept and reissue drugs donated pursuant to this section and from qualified donors listed in section 54-1705, Idaho Code, if:
(a) The drug is not expired;
(b) There is no reason to believe the drug has been adulterated;
(c) The drug is not a controlled substance; and
(d) The drug is not a compounded drug.
(3) A licensed veterinarian or a veterinary medical facility may not resell the donated drug.
(4) A licensed veterinarian or a veterinary medical facility may, however, reissue the donated drug, without charge, for proper administration to an animal by:
(a) Another client of the veterinarian or facility who appears to be financially unable to pay for the drug;
(b) A nonprofit animal shelter; or
(c) A pound, as that term is defined in section 25-3502, Idaho Code.
History:
[54-1762A, added 2019, ch. 25, sec. 14, p. 50; am. 2021, ch. 54, sec. 37, p. 182; am. 2022, ch. 45, sec. 7, p. 131.]
2023 Idaho Code › Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES › Chapter 17 - PHARMACISTS › Section 54-1764 - IMMUNITY FROM LIABILITY.

54-1764. IMMUNITY FROM LIABILITY. Any entity that lawfully and voluntarily participates by donating, accepting, distributing or dispensing legend drugs under the Idaho legend drug donation act shall be immune from liability for any civil action arising out of the provision of such action. This section shall not extend immunity to the participating entity for any acts constituting intentional, willful or grossly negligent conduct or to acts by a participating entity that are outside the scope of practice authorized by the entity’s certificate.
History:
[54-1764, added 2009, ch. 143, sec. 5, p. 430; am. 2021, ch. 54, sec. 38, p. 182.]