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2017 Idaho Statutes
Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES
Chapter 17 - PHARMACISTS
Section 54-1729 - REGISTRATION AND LICENSURE OF FACILITIES.
Universal Citation: ID Code § 54-1729 (2017)
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;
(b) Submit a written application in the form prescribed by the board;
(c) Pay the fee or fees specified by the board for the issuance of the registration or license; and
(d) Have a PIC or director who is licensed or registered by the board, except manufacturers, wholesalers, veterinary drug outlets and limited service outlets without a pharmacy.
(2) Each drug or device outlet shall apply for a certificate of registration or a license in one (1) of the following classifications:
(a) Retail pharmacy;
(b) Institutional facility;
(c) Manufacturer;
(d) Wholesaler;
(e) Veterinary drug outlet;
(f) Nonresident central drug outlet;
(g) Mail service pharmacy;
(h) Limited service outlet.
(3) The board shall establish by rule under the powers granted to it under sections 54-1718 and 54-1719, Idaho Code, the criteria which each outlet, that has employees or personnel engaged in the practice of pharmacy, must meet to qualify for registration or licensure in each classification designated in subsection (2) of this section. The board may issue various types of certificates with varying restrictions to such outlets designated in subsection (2) of this section where the board deems it necessary by reason of the type of outlet requesting a certificate.
(4) It shall be lawful for an outlet registered or licensed under this section to sell and distribute nonprescription drugs. Outlets engaging in the sale and distribution of such items shall not be deemed to be improperly engaged in the practice of pharmacy. No rule will be adopted by the board under this chapter which shall require the sale of nonprescription drugs by a pharmacist or under the supervision of a pharmacist or otherwise apply to or interfere with the sale and distribution of such medicines.
(5) If the regulatory board or licensing authority of the state in which a nonresident outlet is located fails or refuses to conduct an inspection or fails to obtain records or reports required by the board, upon reasonable notice to the nonresident outlet, the board may conduct an inspection. Nonresident outlets shall also pay the actual costs of the out-of-state inspection of the outlet, including the transportation, lodging and related expenses of the board’s inspector.
(6) A successful applicant for registration under the provisions of this section shall be subject to the disciplinary provisions of section 54-1726, Idaho Code, the penalty provisions of section 54-1728, Idaho Code, and the rules of the board.
(7) A successful applicant for registration under the provisions of this section shall comply with the board’s laws and rules of this state unless compliance would violate the laws or rules in the state in which the registrant is located, except as follows:
(a) A technician shall not exceed the practice limitations for technicians in Idaho;
(b) A pharmacist shall only substitute drug products in accordance with the board’s laws and rules;
(c) A pharmacist shall only select drug products in accordance with the board’s laws and rules; and
(d) A pharmacy shall not exceed the pharmacy staffing ratio as defined in rule.
(8) Renewal shall be required annually and submitted to the board no later than June 30. The board shall specify by rule the procedures to be followed and the fees to be paid for renewal of registration or licensure.
History:
[54-1729, added 1979, ch. 131, sec. 3, p. 420; am. 1985, ch. 21, sec. 1, p. 33.; am. 2009, ch. 244, sec. 5, p. 753; am. 2011, ch. 135, sec. 3, p. 379; am. 2013, ch. 28, sec. 11, p. 63; am. 2014, ch. 34, sec. 2, p. 55.]
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