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H0003........................................................by MR. SPEAKER
Requested by: Board of Pharmacy
CONTROLLED SUBSTANCES - Amends existing law to provide for imposition of an
administrative fine and costs incurred by the Board of Pharmacy with
respect to actions to deny, suspend, revoke or refuse to renew a controlled
substance registration.
01/08 House intro - 1st rdg - to printing
Rpt prt - to Health/Wel
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 3 BY MR. SPEAKER Requested by: Board of Pharmacy 1 AN ACT 2 RELATING TO THE IDAHO BOARD OF PHARMACY; AMENDING SECTION 37-2719, IDAHO CODE, 3 TO PROVIDE FOR IMPOSITION OF AN ADMINISTRATIVE FINE AND COSTS INCURRED BY 4 THE BOARD WITH RESPECT TO ACTIONS TO DENY, SUSPEND, REVOKE OR REFUSE TO 5 RENEW A CONTROLLED SUBSTANCE REGISTRATION. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 37-2719, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 37-2719. ORDER TO SHOW CAUSE. (a) Before denying, suspending or revoking 10 a registration, or refusing a renewal of registration, the board shall serve 11 upon the applicant or registrant an order to show cause why registration 12 should not be denied, revoked, or suspended, or why the renewal should not be 13 refused. The order to show cause shall contain a statement of the basis there- 14 for and shall call upon the applicant or registrant to appear before the board 15 at a time and place not less than thirty (30) days after the date of service 16 of the order, but in the case of a denial or renewal of registration the show 17 cause order shall be served not later than thirty (30) days before the expira- 18 tion of the registration. These proceedings shall be conducted in accordance 19 with chapter 52, title 67, Idaho Code, without regard to any criminal prosecu- 20 tion or other proceeding. Proceedings to refuse renewal of registration shall 21 not abate the existing registration which shall remain in effect pending the 22 outcome of the administrative hearing. 23 (b) The board may suspend, without an order to show cause, any registra- 24 tion simultaneously with the institution of proceedings under section 37-2718, 25 Idaho Code, or where renewal of registration is refused, if it finds that 26 there is an imminent danger to the public health or safety which warrants this 27 action. The suspension shall continue in effect until the conclusion of the 28 proceedings, including judicial review thereof, unless sooner withdrawn by the 29 board or dissolved by a court of competent jurisdiction. 30 (c) In conjunction with a proceeding for denying, suspending or revoking 31 a registration, or refusing a renewal of registration, the board may impose an 32 administrative fine not to exceed two thousand dollars ($2,000) plus costs of 33 prosecution and administrative costs of bringing the action, including, but 34 not limited to, attorney's fees and costs and costs of hearing transcripts.
STATEMENT OF PURPOSE
RS 10472
The purpose of this legislation is to allow the Board of Pharmacy
to impose an administrative fine and collect the costs and fees
incurred by the Board with respect to an action to deny, suspend or
revoke a controlled substance registration or to deny renewal
thereof. The amendment will allow the Board of Pharmacy to shift
the fiscal impact of these types of proceedings to the persons
whose wrongful acts result in the need for the action.
FISCAL IMPACT
The fiscal impact will be positive, in as much as the Board of
Pharmacy's general budget will be reimbursed for costs and fees
associated with disciplining a controlled substance registrant.
CONTACT
Name: Richard K. Markuson, Director
Agency: Idaho Board of Pharmacy
Phone: (208) 334-2356
STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H3