TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 17

PHARMACISTS

54-1737.  Burden of proof. (a) In any complaint, information, affidavit or indictment, and in any action or proceeding brought for the enforcement of any provision of this chapter, proviso, or exemption contained in this chapter, the burden of proof is upon the party claiming any such exception, excuse, proviso or exemption.

(b)  Anyone wholesaling or retailing prescription or legend drugs shall bear the burden of ascertaining that the receiver of such drugs is entitled by law to administer, dispense or deliver such drugs and proof that one has sold such drugs at wholesale or retail to an unauthorized person shall be prima facie evidence of illegality.

History:

[57-1737, added 1979, ch. 131, sec. 3, p. 424.]