Idaho Administrative Code › Title IDAPA 24 - Occupational and Professional Licenses, Division of › Rule 24.36.01 - RULES OF THE IDAHO STATE BOARD OF PHARMACY › Subchapter A - GENERAL PROVISIONS › Section 24.36.01.104 - UNPROFESSIONAL CONDUCT

Current through August 31, 2023
The following acts or practices by any licensee or registrant
				  are declared to be specifically, but not by way of limitation, unprofessional
				  conduct and conduct contrary to the public interest. (3-28-23)
01.
Unethical Conduct
. Conduct
				in the practice of pharmacy or in the operation of a pharmacy that may reduce
				the public confidence in the ability and integrity of the profession of
				pharmacy or endangers the public health, safety, and welfare. A violation of
				this section includes committing fraud, misrepresentation, negligence,
				concealment, or being involved in dishonest dealings, price fixing, or
				breaching the public trust with respect to the practice of pharmacy.
				(3-28-23)
02.
Lack of
				Fitness
. A lack of fitness for professional practice due to
				incompetency, personal habits, drug or alcohol dependence, physical or mental
				illness, or for any other cause that endangers public health, safety, or
				welfare. (3-28-23)
03.
On-Duty Intoxication or Impairment
. Intoxication, impairment, or
				consumption of alcohol or drugs while on duty, including break periods after
				which the individual is expected to return to work, or prior to reporting to
				work. (3-28-23)
04.
Diversion
				of Drug Products and Devices
. Supplying or diverting drugs, biologicals,
				and other medicines, substances, or devices legally sold in pharmacies that
				allows the circumvention of laws pertaining to the legal sale of these
				articles. (3-28-23)
05.
Unlawful Possession or Use of Drugs
. Possessing or using a
				controlled substance without a lawful prescription drug order. A failed drug
				test creates a rebuttable presumption of a violation of this rule.
				(3-28-23)
06.
Prescription
				Drug Order Noncompliance
. Failing to follow the instructions of the
				person writing, making, or ordering a prescription as to its refills, contents,
				or labeling except as provided in these rules. (3-28-23)
07.
Failure to Confer
. Failure
				to confer with the prescriber when necessary or appropriate or filling a
				prescription if necessary components of the prescription drug order are missing
				or questionable. (3-28-23)
08.
Excessive Provision of Controlled Substances
. Providing an
				excessive amount of controlled substances. Evidentiary factors of a clearly
				excessive amount include, but are not limited to, the amount of controlled
				substances furnished and previous ordering patterns (including size and
				frequency of orders). (3-28-23)
09.
Failure to Counsel or Offer Counseling
. Failing to counsel or
				offer counseling, unless specifically exempted or refused. (3-28-23)
10.
Substandard, Misbranded,
				Adulterated, or Expired Products
. Manufacturing, compounding,
				delivering, distributing, dispensing, or permitting to be manufactured,
				compounded, delivered, distributed or dispensed substandard, misbranded, or
				adulterated drugs or preparations or those made using secret formulas. Failing
				to remove expired drugs from stock. (3-28-23)
11.
Prescriber Incentives
.
				Allowing a commission or rebate to be paid, or personally paying a commission
				or rebate, to a person writing, making, or otherwise ordering a prescription.
				(3-28-23)
12.
Exclusive
				Arrangements
. Participation in a plan or agreement that compromises the
				quality or extent of professional services or limits access to provider
				facilities at the expense of public health or welfare. (3-28-23)
13.
Failure to Report
. Failing
				to report to the Board any violation of statutes or rules pertaining to the
				practice of pharmacy or any act that endangers the health, safety, or welfare
				of patients or the public. (3-28-23)
14.
Failure to Follow Board
				Order
. Failure to follow an order of the Board. (3-28-23)
15.
Use of False Information
.
				Knowingly using false information in connection with the prescribing,
				delivering, administering, or dispensing of a controlled substance or other
				drug product. (3-28-23)
16.
Standard of Care
. Acts or omissions within the practice of
				pharmacy which fail to meet the standard provided by other qualified licensees
				or registrants in the same or similar setting. (3-28-23)
17.
Unnecessary Services or
				Products
. Directly promoting or inducing for the provisions of health
				care services or products that are unnecessary or not medically indicated.
				(3-28-23)
18.
Controlled
				Substance Non-Compliance
. Violating provisions of the federal Controlled
				Substances Act or Title 37, Chapter 27, Idaho Code. (3-28-23)