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H0165.................................................by HEALTH AND WELFARE
CONTROLLED SUBSTANCES - Amends existing law to provide notification of
investigations concerning licenses for controlled substances to their
respective boards of professional licensure; and to authorize action of the
board of professional licensure; and to allow the Board of Pharmacy to
recover certain costs of prosecution.
02/07 House intro - 1st rdg - to printing
02/08 Rpt prt - to Health/Wel
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 61-3-6
AYES -- Barraclough, Bell, Bieter, Black, Boe, Bolz, Bradford,
Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader,
Marley, Meyer, Montgomery, Moss, Moyle, Pearce, Pischner, Pomeroy,
Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Tilman, Trail, Wheeler, Young, Mr. Speaker
NAYS -- Barrett, McKague, Wood
Absent and excused -- Bedke, Jaquet, Mortensen, Stevenson, Stone,
Swan
Floor Sponsor -- Henbest
Title apvd - to Senate
03/02 Senate intro - 1st rdg - to Health/Wel
03/12 Rpt out - rec d/p - to 2nd rdg
03/13 2nd rdg - to 3rd rdg
03/20 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee,
Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen,
Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Wheeler
Title apvd - to House
03/21 To enrol
03/22 Rpt enrol - Sp signed - Pres signed - to Gov
03/28 Governor signed
Session Law Chapter 211
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 165
BY HEALTH AND WELFARE COMMITTEE
1 AN ACT
2 RELATING TO REGISTRATION OF CONTROLLED SUBSTANCES; AMENDING SECTION 37-2718,
3 IDAHO CODE, TO PROVIDE NOTIFICATION TO THE RESPECTIVE BOARDS OF PROFES-
4 SIONAL LICENSURE, TO AUTHORIZE ACTION BY THE BOARD OF PROFESSIONAL LICEN-
5 SURE AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 37-2719,
6 IDAHO CODE, TO ALLOW THE BOARD OF PHARMACY TO RECOVER CERTAIN COSTS OF
7 PROSECUTION.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 37-2718, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 37-2718. REVOCATION AND SUSPENSION OF REGISTRATION. (a) A registration
12 under section 37-2717, Idaho Code, to manufacture, distribute, or dispense a
13 controlled substance may be suspended or revoked by the board upon a finding
14 that the registrant:
15 (1) hHas furnished false or fraudulent material information in any appli-
16 cation filed under this act;
17 (2) hHas been found guilty of a felony or misdemeanor under any state or
18 federal law relating to any controlled substance; or
19 (3) hHas had his federal registration suspended or revoked to manufac-
20 ture, distribute, or dispense controlled substances;
21 (4) hHas violated any rule of the board promulgated under this chapter,
22 or any federal regulation relating to controlled substances; provided,
23 however, that no revocation or suspension procedure be initiated under
24 this paragraph without the concurrence of board first giving notice of the
25 procedure to the state licensing board with authority over the regis-
26 trant's professional license.
27 (b) The notice required in paragraph (a)(4) of this section shall be
28 given immediately in the event action is taken without an order to show cause
29 as allowed under section 37-2719(b), Idaho Code. In all other cases, such
30 notice shall be given as early as reasonably practicable without risking com-
31 promise of the board's investigation but no later than the earlier of:
32 (1) Issuance of an order to show cause under section 37-2719(a), Idaho
33 Code; or
34 (2) Setting of a hearing for approval of a resolution of the matter
35 through informal proceedings.
36 (c) Revocation or suspension procedures arising solely from "practice
37 related issues" shall be referred by the board to such registrant's state
38 licensing board.
39 (1) Upon such referral, the registrant's state licensing board shall com-
40 mence such investigation of the referred matter as it deems necessary and
41 shall take action upon the registrant's license or shall inform the board
42 of pharmacy, in writing, that it has investigated the referred matter and
43 has concluded that no action is necessary.
2
1 (2) For purposes of this section, the term "practice related issues"
2 refers to issues involving questions regarding the professional conduct of
3 the registrant within the scope of the registrant's profession.
4 (d) The board may limit revocation or suspension of a registration to the
5 particular controlled substance with respect to which grounds for revocation
6 or suspension exist.
7 (ce) If the board suspends or revokes a registration, all controlled sub-
8 stances owned or possessed by the registrant at the time of suspension or the
9 effective date of the revocation order may be placed under seal. No disposi-
10 tion may be made of substances under seal until the time for taking an appeal
11 has elapsed or until all appeals have been concluded unless a court, upon
12 application therefor, orders the sale of perishable substances and the deposit
13 of the proceeds of the sale with the court. Upon a revocation order becoming
14 final, all controlled substances may be forfeited to the state.
15 (df) The board shall promptly notify the bureau and the state licensing
16 board with authority over the registrant's professional license of all orders
17 suspending or revoking registration and all forfeitures of controlled sub-
18 stances.
19 (g) In the event a state licensing board with authority over a regis-
20 trant's professional license takes an action against the registrant in any
21 fashion which suspends, restricts, limits or affects the registrant's ability
22 to manufacture, distribute or dispense any controlled substance, the profes-
23 sional licensing board shall promptly notify the board of pharmacy of the
24 action.
25 (1) Upon such action, the board of pharmacy shall be authorized to issue
26 its order suspending, restricting, limiting or otherwise affecting the
27 registrant's controlled substance registration in the same fashion as the
28 professional licensing board action.
29 (2) The board of pharmacy order may be issued without further hearing or
30 proceeding, but shall be subject to the effect of any reversal or modifi-
31 cation of the professional licensing board action by reason of any appeal
32 or rehearing.
33 SECTION 2. That Section 37-2719, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 37-2719. ORDER TO SHOW CAUSE. (a) Except as set forth in section
36 37-2718(g), Idaho Code, bBefore denying, suspending or revoking a registra-
37 tion, or refusing a renewal of registration, the board shall serve upon the
38 applicant or registrant an order to show cause why registration should not be
39 denied, revoked, or suspended, or why the renewal should not be refused. The
40 order to show cause shall contain a statement of the basis therefor and shall
41 call upon the applicant or registrant to appear before the board at a time and
42 place not less than thirty (30) days after the date of service of the order,
43 but in the case of a denial or renewal of registration the show cause order
44 shall be served not later than thirty (30) days before the expiration of the
45 registration. These proceedings shall be conducted in accordance with chapter
46 52, title 67, Idaho Code, without regard to any criminal prosecution or other
47 proceeding. Proceedings to refuse renewal of registration shall not abate the
48 existing registration which shall remain in effect pending the outcome of the
49 administrative hearing.
50 (b) The board may suspend, without an order to show cause, any registra-
51 tion simultaneously with the institution of proceedings under section 37-2718,
52 Idaho Code, or where renewal of registration is refused, if it finds that
53 there is an imminent danger to the public health or safety which warrants this
3
1 action. The suspension shall continue in effect until the conclusion of the
2 proceedings, including judicial review thereof, unless sooner withdrawn by the
3 board or dissolved by a court of competent jurisdiction.
4 (c) In conjunction with a proceeding for denying, suspending or revoking
5 a registration, or refusing a renewal of registration, and upon a finding of
6 grounds for such denial, suspension, revocation or refusal to renew, the board
7 may also impose an administrative fine not to exceed the costs of prosecution
8 and administrative costs of bringing the action including, but not limited to,
9 attorney's fees and costs and costs of hearing transcripts.
STATEMENT OF PURPOSE
RS 10900
The purpose of this bill is to provide notification to other licensing
boards of an investigative procedure when an action is taken on the
license of a non-pharmacist by the Board of Pharmacy. This legislation
will also require the boards of non-pharmacist licenses to report to
the Board of Pharmacy any action that limits the prescribing authority
of a licensee.
There is no fiscal impact.
FISCAL IMPACT
Contact:
Name: Rep. Margaret Henbest
Phone: 332 1130
STATEMENT OF PURPOSE/FISCAL NOTE H 165