2001 Legislation
Print Friendly

HOUSE BILL NO. 3 – Controlled substance regist, denial

HOUSE BILL NO. 3

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0003........................................................by MR. SPEAKER
                      Requested by: Board of Pharmacy
CONTROLLED SUBSTANCES - Amends existing law to provide for imposition of an
administrative fine and costs incurred by the Board of Pharmacy with
respect to actions to deny, suspend, revoke or refuse to renew a controlled
substance registration.
                                                                        
01/08    House intro - 1st rdg - to printing
    Rpt prt - to Health/Wel

Bill Text


                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                      HOUSE BILL NO. 3
                                                                        
                                       BY MR. SPEAKER
                              Requested by: Board of Pharmacy
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO BOARD OF PHARMACY; AMENDING SECTION 37-2719, IDAHO CODE,
  3        TO PROVIDE FOR IMPOSITION OF AN ADMINISTRATIVE FINE AND COSTS INCURRED  BY
  4        THE  BOARD  WITH RESPECT TO ACTIONS TO DENY, SUSPEND,  REVOKE OR REFUSE TO
  5        RENEW A CONTROLLED SUBSTANCE REGISTRATION.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION 1.  That Section 37-2719, Idaho Code, be, and the same  is  hereby
  8    amended to read as follows:
                                                                        
  9        37-2719.  ORDER  TO SHOW CAUSE. (a) Before denying, suspending or revoking
 10    a registration, or refusing a renewal of registration, the board  shall  serve
 11    upon  the  applicant  or  registrant  an  order to show cause why registration
 12    should not be denied, revoked, or suspended, or why the renewal should not  be
 13    refused. The order to show cause shall contain a statement of the basis there-
 14    for and shall call upon the applicant or registrant to appear before the board
 15    at  a  time and place not less than thirty (30) days after the date of service
 16    of the order, but in the case of a denial or renewal of registration the  show
 17    cause order shall be served not later than thirty (30) days before the expira-
 18    tion  of  the registration. These proceedings shall be conducted in accordance
 19    with chapter 52, title 67, Idaho Code, without regard to any criminal prosecu-
 20    tion or other proceeding. Proceedings to refuse renewal of registration  shall
 21    not  abate  the existing registration which shall remain in effect pending the
 22    outcome of the administrative hearing.
 23        (b)  The board may suspend, without an order to show cause, any  registra-
 24    tion simultaneously with the institution of proceedings under section 37-2718,
 25    Idaho  Code,  or  where  renewal  of registration is refused, if it finds that
 26    there is an imminent danger to the public health or safety which warrants this
 27    action. The suspension shall continue in effect until the  conclusion  of  the
 28    proceedings, including judicial review thereof, unless sooner withdrawn by the
 29    board or dissolved by a court of competent jurisdiction.
 30        (c)  In  conjunction with a proceeding for denying, suspending or revoking
 31    a registration, or refusing a renewal of registration, the board may impose an
 32    administrative fine not to exceed two thousand dollars ($2,000) plus costs  of
 33    prosecution  and  administrative  costs of bringing the action, including, but
 34    not limited to, attorney's fees and costs and costs of hearing transcripts.

Statement of Purpose / Fiscal Impact


                                
                                
                      STATEMENT OF PURPOSE
                                
                            RS 10472
                                
The purpose of this legislation is to allow the Board of Pharmacy
to impose an administrative fine and collect the costs and fees
incurred by the Board with respect to an action to deny, suspend or
revoke a controlled substance registration or to deny renewal
thereof.  The amendment will allow the Board of Pharmacy to shift
the fiscal impact of these types of proceedings to the persons
whose wrongful acts result in the need for the action.



                         FISCAL IMPACT
                                
The fiscal impact will be positive, in as much as the Board of
Pharmacy's general budget will be reimbursed for costs and fees
associated with disciplining a controlled substance registrant.
                                
                                







CONTACT
Name:     Richard K. Markuson, Director
Agency:   Idaho Board of Pharmacy
Phone:    (208) 334-2356

STATEMENT OF PURPOSE/FISCAL NOTE             Bill No. H3