2005 Idaho Code - 54-1732 — VIOLATIONS AND PENALTIES

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 17
                                 PHARMACISTS
    54-1732.  VIOLATIONS AND PENALTIES. (1) No drug outlet designated in
section 54-1729, Idaho Code, shall be operated until a certificate of
registration has been issued to said facility by the board. Upon the finding
of a violation of this section, the board may impose one or more of the
penalties enumerated in section 54-1728, Idaho Code.
    (2)  Reinstatement of a certificate that has been suspended, revoked or
restricted by the board may be granted in accordance with the procedures
specified in section 54-1728(2), Idaho Code.
    (3)  The following acts, or the failure to act, and the causing of any
such act or failure are unlawful;
    (a)  The sale, delivery or administration of any prescription drug or
    legend drug unless:
         1.  Such legend drug is dispensed or delivered by a pharmacist  upon
         an original prescription, drug order or prescription drug order by a
         practitioner in good faith in the course of his practice. Any person
         violating the provisions of this subsection shall be guilty of a
         felony, and on conviction thereof shall be imprisoned in the state
         penitentiary for a term not to exceed three (3) years, or punished by
         a fine of not more than five thousand dollars ($5,000) or by both
         such fine and imprisonment.
         2.  There is affixed, in the case of a legend drug dispensed or
         delivered by a pharmacist, to the immediate container in which such
         drug is delivered a label bearing the name, address, and phone number
         of the establishment from which such drug was dispensed; the date on
         which the prescription for such drug was filled; the number of such
         prescription as filed in the prescription files of the pharmacist who
         filled the prescription; the name of the practitioner who prescribed
         such drug; the name of the patient, and if such drugs were prescribed
         for an animal, a statement of the species of the animal; and the
         directions for the  use of the drug as contained in the prescription;
         or in the case of a legend drug delivered or administered by a
         practitioner in the course of his practice, the immediate container
         in which such drug is delivered bears a label on which appears the
         directions for use of such drug; the name and address of such
         practitioner; the name of the patient; and if such drug is prescribed
         for an animal, a statement of the species of the animal. Any person
         violating this subsection shall be guilty of a misdemeanor and upon
         conviction thereof shall be fined not more than five hundred dollars
         ($500). Nothing in this paragraph prohibits a practitioner from
         delivering professional samples of legend drugs in their original
         containers in the course of his practice when oral directions for use
         are given at the time of such delivery.
    (b)  The refilling of any prescription or drug order for a legend drug
    except as designated on the prescription or drug order, or by the
    authorization of the practitioner. Any person guilty of violating this
    section shall be guilty of a misdemeanor and upon conviction thereof shall
    be incarcerated in the county jail for a term not to exceed one (1) year,
    or punished by a fine of not more than one thousand dollars ($1,000) or by
    both such fine and incarceration.
    (c)  The possession or use of a legend drug or a precursor by any person
    unless such person obtains such drug on the prescription or drug order of
    a practitioner. Any person guilty of violating this section shall be
    guilty of a misdemeanor and upon conviction thereof shall be incarcerated
    in the county jail for a term not to exceed one (1) year, or punished by a
    fine of not more than one thousand dollars ($1,000) or by both such fine
    and incarceration.
    (d)  The failure to keep records as required by the board. Any person
    guilty of violating this section shall be guilty of a misdemeanor and upon
    conviction thereof shall be incarcerated in the county jail for a term not
    to exceed one (1) year, or punished by a fine of not more than one
    thousand dollars ($1,000) or by both such fine and incarceration.
    (e)  The refusal to make available and to accord full opportunity to check
    any record, as required by the board. Any person guilty of violating this
    section shall be guilty of a misdemeanor and upon conviction thereof shall
    be incarcerated in the county jail for a term not to exceed one (1) year,
    or punished by a fine of not more than one thousand dollars ($1,000) or by
    both such fine and incarceration.
    (f)  It is unlawful to:
         1.  Obtain or attempt to obtain a legend drug or procure or attempt
         to procure the administration of a legend drug by fraud, deceit,
         misrepresentation or subterfuge; by the forgery or alteration of a
         prescription, drug order, or of any written order; by the concealment
         of a material fact; or by the use of a false name or the giving of a
         false address.
         2.  Communicate information to a physician in an effort unlawfully to
         procure a legend drug, or unlawfully to procure the administration of
         any such drug. Any such communication shall not be deemed  a
         privileged communication.
         3.  Intentionally make a false statement in any prescription, drug
         order, order, report or record required by this chapter.
         4.  For the purpose of obtaining a legend drug to falsely assume the
         title of, or represent himself to be, a manufacturer, wholesaler,
         pharmacist, physician, dentist, veterinarian or other person.
         5.  Make or utter any false or forged prescription or false drug
         order or forged written order.
         6.  Affix any false or forged label to a package or receptacle
         containing legend drugs. This paragraph does not apply to law
         enforcement agencies or their representatives while engaged in
         enforcing state and federal drug laws.
         7.  To wholesale or retail any prescription or legend drug to any
         person in this state not entitled by law to deliver such drug to
         another.
    (4)  Provided, however, that a veterinarian may dispense or deliver a
legend drug prescribed for an animal upon the prescription, drug order, or
prescription drug order of another veterinarian. The label shall comply with
the provisions of subsection (3)(a)2. of this section, and penalties for
violations of the provisions of this subsection shall be as provided in this
section for like violations by a pharmacist.
    Every violation of subsections 1, 2, 3, 4, 5 and 6 of subsection (f) shall
be a misdemeanor and any person convicted thereof shall be incarcerated in the
county jail for a term not to exceed one (1) year, or fined not more than one
thousand dollars ($1,000), or punished by both such fine and imprisonment. Any
person violating subsection 7 of subsection (f) is guilty of a felony, and on
conviction thereof shall be imprisoned in the state penitentiary for a term
not to exceed three (3) years, or punished by a fine of not more than five
thousand dollars ($5,000), or by both such fine and imprisonment.