2000 Legislation
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HOUSE BILL NO. 718 – Controlled substnce registrant/actn

HOUSE BILL NO. 718

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Daily Data Tracking History



H0718......................................................by STATE AFFAIRS
CONTROLLED SUBSTANCES - Amends existing law to provide notification of the
respective boards when the Board of Pharmacy or a registrant's professional
licensing board takes an action against a registrant.
                                                                        
03/07    House intro - 1st rdg - to printing
03/08    Rpt prt - to H/W

Bill Text


 H0718
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 718
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO REGISTRATION RELATED TO CONTROLLED  SUBSTANCES;  AMENDING  SECTION
  3        37-2718, IDAHO CODE, TO PROVIDE NOTIFICATION OF THE RESPECTIVE BOARDS WHEN
  4        THE BOARD OF PHARMACY OR A REGISTRANT'S PROFESSIONAL LICENSING BOARD TAKES
  5        AN ACTION AGAINST A REGISTRANT AND TO MAKE TECHNICAL CORRECTIONS.
                                                                        
  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)  hHas furnished false or fraudulent material information in any appli-
 14        cation filed under this act;
 15        (2)  hHas  been found guilty of a felony or misdemeanor under any state or
 16        federal law relating to any controlled substance; or
 17        (3)  hHas had his federal registration suspended or  revoked  to  manufac-
 18        ture, distribute, or dispense controlled substances;
 19        (4)  hHas  violated  any rule of the board promulgated under this chapter,
 20        or 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 board first giving notice of
 23        the procedure to  the  state  licensing  board  with  authority  over  the
 24        registrant's  professional  license,  such  notice to be given as early as
 25        reasonably practicable without risking compromise of the board's  investi-
 26        gation, and in any event, no later than the earlier of:
 27             (i)   Issuance of an order to show cause under section 37-2719, Idaho
 28             Code;
 29             (ii)  Immediately  in  conjunction with any action taken by the board
 30             in the event action is taken without an order  to  show  cause  under
 31             section 37-2719(b), Idaho Code; or
 32             (iii) Setting of a hearing for approval of a resolution of the matter
 33             through informal proceedings.
 34        (b)  The board may limit revocation or suspension of a registration to the
 35    particular  controlled  substance with respect to which grounds for revocation
 36    or suspension exist.
 37        (c)  If the board suspends or revokes a registration, all controlled  sub-
 38    stances  owned or possessed by the registrant at the time of suspension or the
 39    effective date of the revocation order may be placed under seal.  No  disposi-
 40    tion  may be made of substances under seal until the time for taking an appeal
 41    has elapsed or until all appeals have been  concluded  unless  a  court,  upon
 42    application therefor, orders the sale of perishable substances and the deposit
 43    of  the  proceeds of the sale with the court. Upon a revocation order becoming
                                                                        
                                           2
                                                                        
  1    final, all controlled substances may be forfeited to the state.
  2        (d)  The board shall promptly notify the bureau and  the  state  licensing
  3    board  with authority over the registrant's professional license of all orders
  4    suspending or revoking registration and all  forfeitures  of  controlled  sub-
  5    stances.
  6        (e)  In   the  event  a  state  licensing  board  with  authority  over  a
  7    registrant's professional license takes an action against  the  registrant  in
  8    any  fashion  which  suspends,  restricts,  limits or affects the registrant's
  9    ability to manufacture, distribute or dispense any controlled  substance,  the
 10    professional  licensing  board  shall promptly notify the board of pharmacy of
 11    such action.

Statement of Purpose / Fiscal Impact


     
     
                 STATEMENT OF PURPOSE
                       RS 10227 
     
     The purpose of this bill is to provide notification to other licensing boards of an
     investigative procedure and 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. 
     
     
     
                    FISCAL IMPACT
     
     There is no fiscal impact. 
     
     
     
     
     
     
     
     
     
     Contact 
     Name: Rep. Margaret Henbest
     Phone: 208/332-1000 
     
     
                                             STATEMENT OF PURPOSE/FISCAL NOTE                                H 718