2005 Idaho Code - 54-1737 — BURDEN OF PROOF

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 17
                                 PHARMACISTS
    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.

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