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H0554...........................................................by HORNBECK PHARMACIES - Amends existing law to provide additional penalties for the second or subsequent violation of statutes governing unlawful procurement of prescription drugs. 01/29 House intro - 1st rdg - to printing 01/30 Rpt prt - to Health/Wel
H0554|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 554 BY HORNBECK 1 AN ACT 2 RELATING TO PHARMACIES AND PHARMACISTS; AMENDING SECTION 54-1732, IDAHO CODE, 3 TO SPECIFY THE PENALTY FOR VIOLATION OF PROVISIONS GOVERNING THE PROCURE- 4 MENT OF PRESCRIPTION DRUGS AND TO MAKE TECHNICAL CORRECTIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 54-1732, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 54-1732. VIOLATIONS AND PENALTIES. (1) No drug outlet designated in sec- 9 tion 54-1729, Idaho Code, shall be operated until a certificate of registra- 10 tion has been issued to said facility by the board. Upon the finding of a 11 violation of this section, the board may impose one (1) or more 12 of the penalties enumerated in section 54-1728, Idaho Code. 13 (2) Reinstatement of a certificate that has been suspended, revoked or 14 restricted by the board may be granted in accordance with the procedures spec- 15 ified in section 54-1728(2), Idaho Code. 16 (3) The following acts, or the failure to act, and the causing of any 17 such act or failure are unlawful; 18 (a) The sale, delivery or administration of any prescription drug or leg- 19 end drug unless: 20 1. Such legend drug is dispensed or delivered by a pharmacist upon 21 an original prescription, drug order or prescription drug order by a 22 practitioner in good faith in the course of his practice. Any person 23 violating the provisions of this subsection shall be guilty of a fel- 24 ony, and on conviction thereof shall be imprisoned in the state peni- 25 tentiary for a term not to exceed three (3) years, or punished by a 26 fine of not more than five thousand dollars ($5,000) or by both such 27 fine and imprisonment. 28 2. There is affixed, in the case of a legend drug dispensed or 29 delivered by a pharmacist, to the immediate container in which such 30 drug is delivered a label bearing the name, address, and phone number 31 of the establishment from which such drug was dispensed; the date on 32 which the prescription for such drug was filled; the number of such 33 prescription as filed in the prescription files of the pharmacist who 34 filled the prescription; the name of the practitioner who prescribed 35 such drug; the name of the patient, and if such drugs were prescribed 36 for an animal, a statement of the species of the animal; and the 37 directions for the use of the drug as contained in the prescription; 38 or in the case of a legend drug delivered or administered by a prac- 39 titioner in the course of his practice, the immediate container in 40 which such drug is delivered bears a label on which appears the 41 directions for use of such drug; the name and address of such practi- 42 tioner; the name of the patient; and if such drug is prescribed for 43 an animal, a statement of the species of the animal. Any person vio- 2 1 lating this subsection shall be guilty of a misdemeanor and upon con- 2 viction thereof shall be fined not more than five hundred dollars 3 ($500). Nothing in this paragraph prohibits a practitioner from 4 delivering professional samples of legend drugs in their original 5 containers in the course of his practice when oral directions for use 6 are given at the time of such delivery. 7 (b) The refilling of any prescription or drug order for a legend drug 8 except as designated on the prescription or drug order, or by the authori- 9 zation of the practitioner. Any person guilty of violating this section 10 shall be guilty of a misdemeanor and upon conviction thereof shall be 11 incarcerated in the county jail for a term not to exceed one (1) year, or 12 punished by a fine of not more than one thousand dollars ($1,000) or by 13 both such fine and incarceration. 14 (c) The possession or use of a legend drug or a precursor by any person 15 unless such person obtains such drug on the prescription or drug order of 16 a practitioner. Any person guilty of violating this section shall be 17 guilty of a misdemeanor and upon conviction thereof shall be incarcerated 18 in the county jail for a term not to exceed one (1) year, or punished by a 19 fine of not more than one thousand dollars ($1,000) or by both such fine 20 and incarceration. 21 (d) The failure to keep records as required by the board. Any person 22 guilty of violating this section shall be guilty of a misdemeanor and upon 23 conviction thereof shall be incarcerated in the county jail for a term not 24 to exceed one (1) year, or punished by a fine of not more than one thou- 25 sand dollars ($1,000) or by both such fine and incarceration. 26 (e) The refusal to make available and to accord full opportunity to check 27 any record, as required by the board. Any person guilty of violating this 28 section shall be guilty of a misdemeanor and upon conviction thereof shall 29 be incarcerated in the county jail for a term not to exceed one (1) year, 30 or punished by a fine of not more than one thousand dollars ($1,000) or by 31 both such fine and incarceration. 32 (f) It is unlawful to: 33 1. Obtain or attempt to obtain a legend drug or procure or attempt 34 to procure the administration of a legend drug by fraud, deceit, mis- 35 representation or subterfuge; by the forgery or alteration of a pre- 36 scription, drug order, or of any written order; by the concealment of 37 a material fact; or by the use of a false name or the giving of a 38 false address. 39 2. Communicate information to a physician in an effort unlawfully to 40 procure a legend drug, or unlawfully to procure the administration of 41 any such drug. Any such communication shall not be deemed a privi- 42 leged communication. 43 3. Intentionally make a false statement in any prescription, drug 44 order, order, report or record required by this chapter. 45 4. For the purpose of obtaining a legend drug to falsely assume the 46 title of, or represent himself to be, a manufacturer, wholesaler, 47 pharmacist, physician, dentist, veterinarian or other person. 48 5. Make or utter any false or forged prescription or false drug 49 order or forged written order. 50 6. Affix any false or forged label to a package or receptacle con- 51 taining legend drugs. This paragraph does not apply to law enforce- 52 ment agencies or their representatives while engaged in enforcing 53 state and federal drug laws. 54 7. To wholesale or retail any prescription or legend drug to any 55 person in this state not entitled by law to deliver such drug to 3 1 another. 2 (4) Provided, however, that a veterinarian may dispense or deliver a leg- 3 end drug prescribed for an animal upon the prescription, drug order, or pre- 4 scription drug order of another veterinarian. The label shall comply with the 5 provisions of subsection (3)(a)2. of this section, and penalties for viola- 6 tions of the provisions of this subsection shall be as provided in this sec- 7 tion for like violations by a pharmacist. 8 Every violation ofsubsectionsparagraphs 1 9 . , 2 . , 3 . , 4 . , 5 . 10 and 6 . of subsection (3) (f) of this section 11 shall be a misdemeanor and any person convicted thereof shall be incar- 12 cerated in the county jail for a term not to exceed one (1) year, or fined not 13 more than one thousand dollars ($1,000), or punished by both such fine and 14 imprisonment. A second or subsequent violation of paragraphs 1. through 15 6. of subsection (3)(f) of this section shall be punishable as a felony, and 16 the penalty on conviction thereof shall be imprisonment in the state peniten- 17 tiary for a term not to exceed three (3) years, or a fine of not more than 18 five thousand dollars ($5,000), or by both such fine and imprisonment. At the 19 discretion of the court, the penalty may be suspended, in part or in whole, 20 upon the completion of an acceptable drug rehabilitation program. Any 21 person violating subsection 7 . of subsection (3) (f) 22 of this section is guilty of a felony, and on conviction thereof 23 shall be imprisoned in the state penitentiary for a term not to exceed three 24 (3) years, or punished by a fine of not more than five thousand dollars 25 ($5,000), or by both such fine and imprisonment.
STATEMENT OF PURPOSE
RS 07574
To obtain or attempt to obtain a legend drug; 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.
Punishment shall be a felony and penalty provision of 3
years, or a fine of not more than $5000.00, or both, with
court discretion of suspension upon completion of an
acceptable drug rehabilitation program.
FISCAL NOTE
Unable to know impact on courts.
Contact: Representative Hornbeck,
332-1000
STATEMENT OF PURPOSE/FISCAL NOTE
H 554