Print Friendly HOUSE BILL NO. 718 – Controlled substnce registrant/actn
HOUSE BILL NO. 718
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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
|||| 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
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
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-
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
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.
There is no fiscal impact.
Name: Rep. Margaret Henbest
STATEMENT OF PURPOSE/FISCAL NOTE H 718