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HOUSE BILL NO. 555

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Daily Data Tracking History

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H0555...........................................................by HORNBECK
CONTROLLED SUBSTANCES - Amends existing law to authorize the Board of
Pharmacy to suspend or revoke, without the concurrence of the professional
licensing board, a registration to manufacture, distribute or dispense a
controlled substance.

01/29    House intro - 1st rdg - to printing
01/30    Rpt prt - to Health/Wel

Bill Text

H0555


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 555

                                       BY HORNBECK

 1                                        AN ACT
 2    RELATING TO CONTROLLED SUBSTANCES; AMENDING SECTION 37-2718,  IDAHO  CODE,  TO
 3        AUTHORIZE  THE  BOARD  OF  PHARMACY TO SUSPEND OR REVOKE A REGISTRATION TO
 4        MANUFACTURE, DISTRIBUTE OR DISPENSE A CONTROLLED SUBSTANCE WITHOUT REQUIR-
 5        ING CONCURRENCE OF THE PROFESSIONAL LICENSING BOARD.

 6    Be It Enacted by the Legislature of the State of Idaho:

 7        SECTION 1.  That Section 37-2718, Idaho Code, be, and the same  is  hereby
 8    amended to read as follows:

 9        37-2718.  REVOCATION  AND  SUSPENSION  OF REGISTRATION. (a) A registration
10    under section 37-2717, Idaho Code, to manufacture, distribute, or  dispense  a
11    controlled  substance  may be suspended or revoked by the board upon a finding
12    that the registrant:
13        (1)  has furnished false or fraudulent material information in any  appli-
14        cation filed under this act;
15        (2)  has  been  found guilty of a felony or misdemeanor under any state or
16        federal law relating to any controlled substance; or
17        (3)  has had his federal registration suspended or revoked to manufacture,
18        distribute, or dispense controlled substances;
19        (4)  has violated any rule of the board promulgated under this chapter, or
20        any federal regulation relating to controlled substances ;  provided,
21        however,  that  no  revocation  or suspension procedure be initiated under
22        this paragraph without the concurrence of the state licensing  board  with
23        authority over the registrant's professional license .
24        (b)  The board may limit revocation or suspension of a registration to the
25    particular  controlled  substance with respect to which grounds for revocation
26    or suspension exist.
27        (c)  If the board suspends or revokes a registration, all controlled  sub-
28    stances  owned or possessed by the registrant at the time of suspension or the
29    effective date of the revocation order may be placed under seal.  No  disposi-
30    tion  may be made of substances under seal until the time for taking an appeal
31    has elapsed or until all appeals have been  concluded  unless  a  court,  upon
32    application therefor, orders the sale of perishable substances and the deposit
33    of  the  proceeds of the sale with the court. Upon a revocation order becoming
34    final, all controlled substances may be forfeited to the state.
35        (d)  The board shall promptly notify the bureau of all  orders  suspending
36    or revoking registration and all forfeitures of controlled substances.

Statement of Purpose / Fiscal Impact

    





                           STATEMENT OF PURPOSE
    
                                 RS 07741
    
    Allows Board of Pharmacy to suspend or revoke pharmaceutical 
    registration deleting concurrence of the state licensing 
    board that has authority over the registrants professional 
    licensing.
    
    FISCAL NOTE
    
    No fiscal impact on the State of 
    Idaho.
    
    Contact: Representative Hornbeck, 332-1000
    
    STATEMENT OF PURPOSE/FISCAL 
    NOTE
    
    H 555