2005 Idaho Code - 54-1720 — OTHER DUTIES -- POWERS -- AUTHORITY

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 17
                                 PHARMACISTS
    54-1720.  OTHER DUTIES -- POWERS -- AUTHORITY. The board of pharmacy shall
have such other duties, powers, and authority as may be necessary to the
enforcement of this act and to the enforcement of board rules made pursuant
thereto, which shall include, but are not limited to, the following:
    (1)  The board may join such professional organizations and associations
organized exclusively to promote the improvement of the standards of the
practice of pharmacy for the protection of the health and welfare of the
public and whose activities assist and facilitate the work of the board.
    (2)  In addition to any statutory requirements, the board may require such
surety bonds as it deems necessary to guarantee the performance and discharge
of the duties of any officer or employee receiving and disbursing funds.
    (3)  The executive director of the board shall keep the seal of the board
and shall affix it only in such manner as may be prescribed by the board.
    (4)  On or before the 60th day after the last day of each state fiscal
year, the board shall submit to the governor a report summarizing its
proceedings and activities during that fiscal year, together with a report of
all moneys received and disbursed by the board. Such reports or comprehensive
summaries or abstracts thereof, as determined by the board shall be made
available to the public.
    (5)  (a) The board shall determine within thirty (30) days prior to the
    beginning of each state fiscal year the fees to be collected for:
         1.  Examinations and reexaminations, which fee shall not exceed two
         hundred fifty dollars ($250);
         2.  The issuance of licenses, which fee shall not exceed two hundred
         fifty dollars ($250);
         3.  The issuance of certificates of registration and renewal
         certificates of registration, which fee shall not exceed one hundred
         dollars ($100), except in the case of out-of-state mail service
         pharmacies licensed pursuant to section 54-1743, Idaho Code, in which
         case the fee shall not exceed two hundred fifty dollars ($250); and
         4.  The certification of approved providers of continuing education
         courses, which fee shall not exceed three hundred dollars ($300).
    (b)  All fees or fines which shall be paid under the provisions of this
    act shall be paid over by the board to the treasurer of the state of
    Idaho, and shall be held by the state treasurer in the pharmacy account,
    which shall be paid out by the state treasurer upon warrant drawn by the
    state controller against said account. The state controller is hereby
    authorized, upon presentation of the proper vouchers of claims against the
    state, approved by the said board and the state board of examiners, as
    provided by law, to draw his warrant upon said account.
    (6)  The board may receive and expend moneys in addition to its annual
appropriations, from parties other than the state, provided:
    (a)  Such moneys are awarded for the pursuit of a specific objective which
    the board is authorized to accomplish by this act, or which the board is
    qualified to accomplish by reason of its jurisdiction or professional
    expertise;
    (b)  Such moneys are expended for the pursuit of the objective for which
    they are awarded;
    (c)  Activities connected with or occasioned by the expenditures of such
    moneys do not interfere with or impair the performance of the board's
    duties and responsibilities and do not conflict with the exercise of the
    board's powers as specified by this act;
    (d)  Such moneys are kept in a separate, special state account; and
    (e)  Periodic reports are made to the administrator, division of budget,
    policy planning and coordination, concerning the board's receipt and
    expenditure of such moneys.
    (7)  The board shall assign to each drug outlet under its jurisdiction, a
uniform state number, coordinated where possible with all other states which
adopt the same uniform numbering system.
    (8)  The board or its authorized representatives shall also have power to
investigate and gather evidence concerning alleged violations of the
provisions of this act or of the rules of the board.
    (9)  (a) Notwithstanding anything in this act to the contrary, whenever a
    duly authorized representative of the board finds or has probable cause to
    believe that any drug, or device is adulterated or misbranded within the
    meaning of the Idaho food, drug and cosmetic act, he shall affix to such
    drug or device a tag or other appropriate marking giving notice that such
    article is or is suspected of being adulterated or misbranded, has been
    detained or embargoed and warning all persons not to remove or dispose of
    such article by sale or otherwise until provision for removal or disposal
    is given by the board, its agent or the court. No person shall remove or
    dispose of such embargoed drug or device by sale or otherwise without the
    permission of the board or its agent or, after summary proceedings have
    been instituted, without permission from the court.
    (b)  When a drug or device detained or embargoed under paragraph (a) of
    this subsection (9) has been declared by such representative to be
    adulterated or misbranded, the board shall, as soon as practical
    thereafter, petition the judge of the district court in whose jurisdiction
    the article is detained or embargoed for an order for condemnation of such
    article. If the judge determines that the drug or device so detained or
    embargoed is not adulterated or misbranded, the board shall direct the
    immediate removal of the tag or other marking.
    (c)  If the court finds the detained or embargoed drug or device is
    adulterated or misbranded, such drug or device, after entry of the decree,
    shall be destroyed at the expense of the owner under the supervision of a
    board representative and all court costs and fees, storage and other
    proper expense shall be borne by the owner of such drug or device. When
    the adulteration or misbranding can be corrected by proper labeling or
    processing of the drug or device, the court, after entry of the decree and
    after such costs, fees and expenses have been paid and a good and
    sufficient bond has been posted, may direct that such drug or device be
    delivered to the owner thereof for such labeling or processing under the
    supervision of a board representative. Expense of such supervision shall
    be paid by the owner. Such bond shall be returned to the owner of the drug
    or device on representation to the court by the board that the drug or
    device is no longer in violation of the embargo and the expense of
    supervision has been paid.
    (d)  It is the duty of the attorney general to whom the board reports any
    violation of this subsection to cause appropriate proceedings to be
    instituted in the proper court without delay and to be prosecuted in the
    manner required by law. Nothing in this subsection (9) shall be construed
    to require the board to report violations whenever the board believes the
    public's interest will be adequately served in the circumstances by a
    suitable written notice or warning.
    (10)  Except as otherwise provided to the contrary, the board shall
exercise all of its duties, powers and authority in accordance with the
administrative procedures act.
    (11) (a)  For the purpose of any proceedings held before the board as
    authorized by law, including the refusal, nonrenewal, revocation or
    suspension of licenses, registrations or certifications authorized by this
    act, or the imposition of fines or reprimands on persons holding such
    licenses, certification or registrations, the board may subpoena witnesses
    and compel their attendance, and may also at such time require the
    production of books, papers, documents or other memoranda. In any such
    proceeding before the board, any member of the board, or its designee, may
    administer oaths or affirmations to witnesses so appearing.
    (b)  If any person shall refuse to obey a subpoena so issued, or refuse to
    testify or produce any books, papers or documents called for by said
    subpoena, the board may make application to the district court of the
    county in which the proceeding is held, for an order of the court
    requiring the person to appear before the court, and to show cause why the
    person should not be compelled to testify, to produce such books, papers,
    memoranda or other documents required by the subpoena, or otherwise comply
    with its terms. The application shall set forth the action theretofore
    taken by the board to compel the attendance of the witness, the
    circumstances surrounding the failure of the witness to attend or
    otherwise comply with the subpoena, together with a brief statement of the
    reasons why compliance with the subpoena is necessary to the proceeding
    before the board.
    (c)  Upon the failure of a person to appear before the court at the time
    and place designated by it, the court may enter an order without further
    proceedings requiring the person to comply with the subpoena. Any person
    failing or refusing to obey such order of the court shall be punished for
    contempt of court as in other cases provided.