2001 Legislation
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HOUSE BILL NO. 165 – Controlld substnce manuf/registratn


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Daily Data Tracking History

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,
    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

Bill Text

  ||||              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
  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.
  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
  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 / Fiscal Impact

                      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

Name:  Rep. Margaret Henbest
     Phone:     332 1130
     STATEMENT OF PURPOSE/FISCAL NOTE                                          H 165