TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 17

PHARMACISTS

54-1726.  Grounds for discipline. (1) The board of pharmacy may penalize as set forth in section 54-1728, Idaho Code, a certificate of any person, pursuant to the procedures set forth in chapter 52, title 67, Idaho Code, upon one (1) or more of the following grounds:

(a)  Unprofessional conduct, including but not limited to:

(i)   Unethical conduct, including fraud, misrepresentation, negligence, concealment, using false information, or breaching the public trust;

(ii)  A lack of fitness for professional practice due to incompetency, personal habits, drug or alcohol dependence, on-duty intoxication or impairment, or any other cause that endangers the public;

(iii) Diversion of drug products and devices, unlawful possession or use of drugs, excessive provision of controlled substances, or violating provisions of the federal or state controlled substances laws;

(iv)  Failing to follow the instructions of the person ordering a prescription, except as provided in this chapter;

(v)   Providing substandard, misbranded, or adulterated drugs or drugs made using secret formulas;

(vi)  Acts or omissions within the practice of pharmacy that fail to meet the standard of care provided by other licensees or registrants in the same or similar setting;

(vii) Directly promoting or inducing health care services or products that are unnecessary or not medically indicated; or

(viii) Failure to follow an order of the board, comply with an inspection or investigation, or promptly remediate inspection deficiencies;

(b)  Incapacity of a nature that prevents a person from engaging in the practice of pharmacy with reasonable skill, competence and safety to the public;

(c)  Being found guilty, convicted or having received a withheld judgment or suspended sentence by a court of competent jurisdiction in this state or any other state of one (1) or more of the following:

(i)   Any crime deemed relevant in accordance with section 67-9411(1), Idaho Code;

(ii)  Any act related to the qualifications, functions or duties of a licensee or registrant; or

(iii) Violations of the pharmacy or drug laws of this state or the federal government;

(d)  Fraud or intentional misrepresentation by a licensee or registrant in securing the issuance or renewal of a certificate;

(e)  Engaging or aiding and abetting an individual to engage in the practice of pharmacy without a certificate or falsely using the title of pharmacist; and

(f)  Being found by the board to be in violation of any of the provisions of this chapter or chapter 27, title 37, Idaho Code.

(2)  Nonresident licensees and registrants shall be held accountable to the board for violations by its agents and employees and subject to the same grounds for discipline and penalties for their actions as set forth herein.

History:

[54-1726, added 1979, ch. 131, sec. 3, p. 417; am. 1985, ch. 152, sec. 3, p. 409; am. 1988, ch. 12, sec. 1, p. 15; am. 1993, ch. 216, sec. 70, p. 650; am. 2013, ch. 28, sec. 9, p. 61; am. 2020, ch. 175, sec. 22, p. 525; am. 2021, ch. 54, sec. 15, p. 171; am. 2025, ch. 93, sec. 20, p. 424.]