TITLE 37

FOOD, DRUGS, AND OIL

CHAPTER 27

UNIFORM CONTROLLED SUBSTANCES

ARTICLE III

37-2718.   DISCIPLINE. (a) A registration under section 37-2717, Idaho Code, may be restricted, suspended or revoked by the board upon a finding that the registrant:

(1)  Has furnished false or fraudulent material information in any application filed under this act;

(2)  Has been found guilty of a felony or misdemeanor under any state or federal law relating to any controlled substance;

(3)  Has had his federal registration restricted, suspended or revoked; or

(4)  Has violated this chapter, any rule of the board promulgated under this act, an order of the board or any federal regulation relating to controlled substances; provided, however, that no restriction, revocation or suspension procedure be initiated under this paragraph without the board first giving notice of the procedure to the state licensing board with authority over the registrant’s professional license.

(b)  The notice required in subsection (a)(4) of this section shall be given immediately in the event action is taken without an order to show cause as allowed under section 37-2719(b), Idaho Code. In all other cases, such notice shall be given as early as reasonably practicable without risking compromise of the board’s investigation but no later than the earlier of:

(1)  Issuance of an order to show cause under section 37-2719(a), Idaho Code; or

(2)  Setting of a hearing for approval of a resolution of the matter through informal proceedings.

(c)  Restriction, revocation or suspension procedures arising solely from "practice-related issues" shall be referred by the board to such registrant’s state licensing board.

(1)  Upon such referral, the registrant’s state licensing board shall commence such investigation of the referred matter as it deems necessary and shall take action upon the registrant’s license or shall inform the board of pharmacy, in writing, that it has investigated the referred matter and has concluded that no action is necessary.

(2)  For purposes of this section, the term "practice-related issues" refers to issues involving questions regarding the professional conduct of the registrant within the scope of the registrant’s profession.

(d)  The board may limit the revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.

(e)  If the board restricts, suspends or revokes a registration, all pertinent controlled substances owned or possessed by the registrant at the time of the restriction or suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited to the state.

(f)  The board shall promptly notify the bureau and the state licensing board with authority over the registrant’s professional license of all orders restricting, suspending or revoking registration and all forfeitures of controlled substances.

(g)  In the event the drug enforcement administration or a state licensing board with authority over a registrant’s professional license or registration takes an action against the registrant in any fashion which suspends, restricts, limits or affects the registrant’s ability to manufacture, distribute, prescribe, administer, dispense, or conduct research with any controlled substance, the professional licensing board shall promptly notify the board of pharmacy of the action.

(1)  Upon such action, the board of pharmacy shall be authorized to issue its order suspending, restricting, limiting or otherwise affecting the registrant’s controlled substance registration in the same fashion as the professional licensing board action.

(2)  The board of pharmacy order may be issued without further hearing or proceeding, but shall be subject to the effect of any reversal or modification of the professional licensing board action by reason of any appeal or rehearing.

History:

[37-2718, added 1971, ch. 215, sec. 1, p. 939; am. 1981, ch. 102, sec. 4, p. 156; am. 1985, ch. 152, sec. 1, p. 405; am. 2001, ch. 211, sec. 1, p. 835; am. 2015, ch. 25, sec. 4, p. 36; am. 2020, ch. 14, sec. 1, p. 35.]