2005 Idaho Code - 54-1748 — VIOLATIONS AND PENALTIES

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 17
                                 PHARMACISTS
    54-1748.  VIOLATIONS AND PENALTIES. (1) The board may impose on the
license of an out-of-state mail service pharmacy, any of the penalties in
section 54-1728, Idaho Code, for any violation of the provisions of this
chapter.
    (2)  The board may impose any of the penalties provided in section
54-1728, Idaho Code, for conduct which causes serious bodily or serious
psychological injury to a resident of this state if the board has referred the
matter to the regulatory or licensing agency in the state in which the
out-of-state mail service pharmacy is located and the regulatory or licensing
agency fails to initiate an investigation within forty-five (45) days of the
referral. The board shall obtain and maintain a record of referrals pursuant
to this subsection and any action taken thereon.
    (3)  It is unlawful for any out-of-state mail service pharmacy which is
not licensed pursuant to this act to advertise its services in this state, or
for any person who is a resident of this state to advertise the pharmacy
services of an out-of-state mail service pharmacy which has not licensed with
the board, with the knowledge that the advertisement will or is likely to
induce members of the public in this state to use the pharmacy to fill
prescriptions.
    (4)  Any person or out-of-state mail service pharmacy violating the
provisions of this act, upon conviction, shall be guilty of a misdemeanor,
subject to imprisonment in the county jail for a period not to exceed one (1)
year and/or a fine in an amount not to exceed one thousand dollars ($1,000).
Each such violation shall constitute a separate offense.