Title 54, PROFESSIONS, VOCATIONS, AND BUSINESSES

54-1705A. PRESCRIBER PERFORMANCE OF PHARMACY FUNCTIONS. For the purposes of this chapter, any function that a pharmacist may perform may similarly be performed by an Idaho prescriber or may be delegated by an Idaho prescriber to appropriate support personnel in accordance with th…

54-1706. State board of pharmacy established. There is hereby established in the division of occupational and professional licenses a state board of pharmacy that shall have all of the duties, powers, and authority specifically granted by and necessary to the enforcement of this …

54-1707. Membership. The board of pharmacy shall consist of seven (7) members who shall be appointed by and serve at the pleasure of the governor. One (1) member shall be a representative of the public, one (1) member shall be a certified registered pharmacy technician who posses…

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 t…

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 …

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 forme…

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…

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…

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 speci…

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 qualifi…

54-1719. duties — powers — authority. (1) The board of pharmacy shall 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: (a) T…

54-1720. LICENSING FEES. Non-refundable fees shall be posted by the division and shall not exceed the amounts specified as follows: (1) Individual certificates: Certificate Initial fee, not to exceed Annual renewal fee, not to exceed Pharmacist license $140 $130 Nonresident perso…

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 chap…

54-1722. Qualifications for pharmacist licensure by examination. (1) To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall: (a) Submit a written application in the form prescribed by the board of pharmacy; (b) Graduate and rece…

54-1723. Qualifications for pharmacist licensure by reciprocity. To obtain a license as a pharmacist by reciprocity, an applicant for licensure shall: (1) Submit a written application in the form prescribed by the board of pharmacy; (2) Possess at the time of initial licensure as…

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 …

54-1723B. multistate practice of pharmacy. Notwithstanding any provision of law to the contrary: (1) The board may enter into mutual recognition agreements with one (1) or more party states provided that each party state: (a) Has substantially similar requirements for drug outlet…

54-1723C. Renewal of pharmacist license. To meet the standard of care, pharmacists are expected to complete sufficient continuing education germane to the practice of pharmacy to maintain their professional competence. At license renewal, every pharmacist shall attest that he has…

54-1725. PHARMACIST INTERN RENEWAL REQUIREMENTS. (1) A pharmacist intern registration shall be obtained prior to commencement of an internship and shall be renewed biennially. No renewal fee shall be charged if the pharmacist intern renews the registration annually by July 15. (2…

54-1725A. PRACTITIONER CONTROLLED SUBSTANCE REGISTRATION. Any person needing a controlled substance registration as provided in section 37-2716, Idaho Code, shall: (1) Hold a valid state license or registration to prescribe medications from a licensing authority established under…

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) Unprofess…

54-1727. Confidentiality of prescriptions and patient information. (1) In addition to the requirements of the health insurance portability and accountability act of 1996, all prescriptions, drug orders, records or any other prescription information that specifically identifies an…

54-1728. Penalties and reinstatement intervals. (1) The board may take any action against a nonresident licensee or registrant that the board can take against a resident licensee or registrant for violation of the laws of this state or the state in which it resides. (2) The board…

54-1729. Registration and licensure of facilities. (1) All drug or device outlets doing business in or into Idaho shall: (a) If a nonresident, be licensed or registered and in good standing in the applicant’s state of residence and, if a pharmacy, have a person in charge who is l…

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, durable medical equipment, or pseudoephedrine products in or into Idaho shall be licensed by …

54-1730. DRUG OUTLET MINIMUM FACILITY STANDARDS. Each resident drug outlet shall meet the following minimum facility standards: (1) Be constructed and equipped with adequate security to protect its equipment, records and supply of drugs, devices and other restricted sale items fr…

54-1731. DRUG OUTLET AND LICENSEE REPORTING REQUIREMENTS. (1) All drug outlets shall report to the board of pharmacy: (a) At least ten (10) days prior, the occurrence of a change of location or permanent closing, including notice of the proposed new location of prescription files…

54-1731A. DRUG OUTLETS THAT DISPENSE PRESCRIPTION DRUGS — minimum requirements. All drug outlets shall: (1) Dispense prescription drugs only pursuant to a valid prescription drug order as set forth in this chapter; (2) Provide prospective drug review that shall include evaluation…

54-1731B. DRUG OUTLETS WITH ALTERNATIVE DISPENSIng MODELS. (1) A drug outlet that dispenses prescription drugs to human patients that does not have a pharmacist or other prescriber on site to supervise pharmacy operations shall: (a) Maintain adequate video surveillance and retain…

54-1731C. DRUG OUTLET RECORDKEEPING REQUIREMENTS. (1) Unless otherwise provided for in this chapter, prescription records and any other records required by this chapter shall be maintained for at least three (3) years after the date of a transaction. Prescription records may be r…

54-1732. Violations and penalties. (1) No drug outlet designated in section 54-1729, Idaho Code, shall be operated until a certificate has been issued to said facility by the board. Upon the finding of a violation of this subsection, the board may impose one (1) or more of the pe…

54-1733. Validity of prescription drug orders. (1) A prescription drug order for a legend drug is valid only if it is issued by a prescriber for a legitimate medical purpose arising from a prescriber-patient relationship that includes a documented patient evaluation adequate to e…

54-1733A. PRESCRIPTION DRUG ORDER MINIMUM REQUIREMENTS. (1) A prescription drug order may be transmitted by delivery of the original signed written prescription or a digital image of the order, or by a prescriber, prescriber’s agent, or representative of a state-licensed or feder…

54-1733B. FILLING PRESCRIPTION DRUG ORDERS — LIMITATIONS. (1) Drug product selection is only allowed between therapeutic equivalent drugs as published in the FDA orange book or green book. If a prescriber orders that a brand name drug shall be dispensed, then no drug product sele…

54-1734. PHARMACIST PRESCRIBING — GENERAL REQUIREMENTS. (1) A pharmacist may independently prescribe if such pharmacist: (a) Only prescribes drugs for conditions for which the pharmacist is educationally prepared and for which competence has been achieved and maintained; (b) Only…

54-1735. EMERGENCY MEDICATIONS. (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, distribute, dispense, and administer an emergency medication to any p…

54-1736. PRESCRIPTION DRUG LABELING STANDARDS. (1) All prescription drugs shall be in an appropriate container bearing a label in conformance with federal law. (2) For parenteral admixtures, the label shall include the date and time of the addition or the beyond use date. (3) For…

54-1736A. PRESCRIPTION DRUG DELIVERY AND RETURN. (1) Delivery of filled prescriptions shall be allowed if appropriate measures are taken to ensure product integrity and safety. Prescriptions may be picked up for or returned from delivery by authorized personnel from a secured del…

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 …

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 manufactur…

54-1738. Proof that a drug is a prescription drug or legend drug — common nuisance. (1) 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: (a) In the case of a drug for which a n…

54-1760. short title. Sections 54-1760 through 54-1764, Idaho Code, shall be known and may be cited as the "Idaho Legend Drug Donation Act."

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 …

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…

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 suc…

54-1765. COMPOUNDING DRUG PREPARATIONS — GENERAL PROVISIONS. (1) Any compounding that is not permitted pursuant to the provisions of this chapter is considered manufacturing. (2) The provisions of subsections (3) through (7) of this section apply to any person authorized to engag…