TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 17

PHARMACISTS

54-1720.  Other duties — Powers — Authority. The board of pharmacy shall have such other duties, powers, and authority as may be necessary to the enforcement of this chapter and to the enforcement of board rules made pursuant thereto, which shall include, but are not limited to, the following:

(1)  The board may join such professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of pharmacy for the protection of the health and welfare of the public and whose activities assist and facilitate the work of the board.

(2)  In addition to any statutory requirements, the board may require such surety bonds as it deems necessary to guarantee the performance and discharge of the duties of any officer or employee receiving and disbursing funds.

(3)  The executive director of the board shall keep the seal of the board and shall affix it only in such manner as may be prescribed by the board.

(4) (a)  The board shall determine by rule the fees to be collected for the issuance and renewal of certificates.

(b)  All fees, charges, and fines received by the board under the provisions of this chapter shall be deposited in the state treasury to the credit of the occupational licenses fund, and all costs and expenses incurred by the board under the provisions of this chapter shall be a charge against and paid from the fund for such purposes. The funds collected under this chapter shall be immediately available for the administration of this chapter, the provisions of any other law notwithstanding.

(5)  In addition to its annual appropriations, the board may solicit and receive, from parties other than the state, grants, moneys, donations and gifts of tangible and intangible property for any purpose consistent with this act, which may be specified as a condition of any grants, donations or gifts. Such moneys may be solicited or received provided:

(a)  Such moneys are awarded for the pursuit of a specific objective which the board is authorized to accomplish by this chapter, or which the board is qualified to accomplish by reason of its jurisdiction or professional expertise;

(b)  Such moneys are expended for the pursuit of the objective for which they are awarded;

(c)  Activities connected with or occasioned by the expenditures of such moneys do not interfere with or impair the performance of the board’s duties and responsibilities and do not conflict with the exercise of the board’s powers as specified by this chapter;

(d)  Such moneys are kept in a separate, special state account; and

(e)  Periodic reports are made to the administrator, division of financial management, concerning the board’s receipt and expenditure of such moneys.

(6)  The board shall assign to each drug outlet under its jurisdiction a uniform state number.

(7)  The board or its authorized representatives shall also have power to investigate and gather evidence concerning alleged violations of the provisions of this chapter or of the rules of the board.

(8)  Except as otherwise provided to the contrary, the board shall exercise all of its duties, powers and authority in accordance with the administrative procedure act.

(9) (a)  For the purpose of any proceedings held before the board as authorized by law, including the refusal, nonrenewal, revocation or suspension of a certificate authorized by this chapter, or the imposition of fines or reprimands on persons holding such certificates, the board may subpoena witnesses and compel their attendance and may also at such time require the production of books, papers, documents or other memoranda. In any such proceeding before the board, any member of the board, or its designee, may administer oaths or affirmations to witnesses so appearing.

(b)  If any person shall refuse to obey a subpoena so issued, or refuse to testify or produce any books, papers or documents called for by said subpoena, the board may make application to the district court of the county in which the proceeding is held for an order of the court requiring the person to appear before the court and to show cause why the person should not be compelled to testify, to produce such books, papers, memoranda or other documents required by the subpoena, or otherwise comply with its terms. The application shall set forth the action theretofore taken by the board to compel the attendance of the witness and the circumstances surrounding the failure of the witness to attend or otherwise comply with the subpoena together with a brief statement of the reasons why compliance with the subpoena is necessary to the proceeding before the board.

(c)  Upon the failure of a person to appear before the court at the time and place designated by it, the court may enter an order without further proceedings requiring the person to comply with the subpoena. Any person failing or refusing to obey such order of the court shall be punished for contempt of court as in other cases provided.

(10) The board may sponsor, participate in or conduct education, research or public service programs or initiatives to carry out the purposes of this chapter.

History:

[54-1720, added 1979, ch. 131, sec. 3, p. 412; am. 1980, ch. 354, sec. 1, p. 915; am. 1985, ch. 152, sec. 2, p. 406; am. 1994, ch. 180, sec. 100, p. 491; am. 1994, ch. 348, sec. 1, p. 1104; am. 2013, ch. 28, sec. 6, p. 57; am. 2018, ch. 37, sec. 3, p. 82; am. 2019, ch. 25, sec. 2, p. 38; am. 2021, ch. 54, sec. 8, p. 166; am. 2021, ch. 224, sec. 44, p. 674.]