54-1704. PRACTICE OF PHARMACY. "Practice of pharmacy" means:

(1) The interpretation, evaluation and dispensing of prescription drug orders;

(2) Participation in drug and device selection, drug administration, prospective and retrospective drug reviews and drug or drug-related research;

(3) The provision of patient counseling and the provision of those acts or services necessary to provide pharmaceutical care;

(4) The responsibility for:

(a) Compounding and labeling of drugs and devices, except labeling by a manufacturer, repackager or distributor of nonprescription drugs and commercially packaged legend drugs and devices;

(b) Proper and safe storage of drugs and devices, and maintenance of proper records for them; and

(c) The offering or performing of those acts, services, operations or transactions necessary to the conduct, operation, management and control of pharmacy;

(5) The prescribing of:

(a) Dietary fluoride supplements when prescribed according to the American dental association’s recommendations for persons whose drinking water is proven to have a fluoride content below the United States department of health and human services’ recommended concentration;

(b) Agents for active immunization when prescribed for susceptible persons six (6) years of age or older for the protection from communicable disease;

(c) Opioid antagonists pursuant to section 54-1733B, Idaho Code;

(d) Epinephrine auto-injectors pursuant to sections 54-1733C and 54-1733D, Idaho Code;

(e) Tobacco cessation products pursuant to section 54-1733E, Idaho Code;

(f) Tuberculin purified protein derivative products pursuant to section 54-1733F, Idaho Code; and

(g) Drugs, drug categories, or devices that are prescribed in accordance with the product’s federal food and drug administration-approved labeling and that are limited to conditions that:

(i) Do not require a new diagnosis;

(ii) Are minor and generally self-limiting;

(iii) Have a test that is used to guide diagnosis or clinical decision-making and are waived under the federal clinical laboratory improvement amendments of 1988; or

(iv) In the professional judgment of the pharmacist, threaten the health or safety of the patient should the prescription not be immediately dispensed. In such cases, only sufficient quantity may be provided until the patient is able to be seen by another provider.

The board shall not adopt any rules authorizing a pharmacist to prescribe a controlled drug, compounded drug or biological product.

History:

[54-1704, added 1979, ch. 131, sec. 3, p. 404; am. 1992, ch. 179, sec. 1, p. 565; am. 1993, ch. 49, sec. 1, p. 126.; am. 2009, ch. 244, sec. 2, p. 748; am. 2011, ch. 264, sec. 1, p. 709; am. 2013, ch. 28, sec. 4, p. 52; am. 2015, ch. 88, sec. 1, p. 217; am. 2016, ch. 62, sec. 1, p. 198; am. 2016, ch. 264, sec. 1, p. 693; am. 2017, ch. 23, sec. 1, p. 42; am. 2017, ch. 25, sec. 1, p. 45; am. 2017, ch. 143, sec. 1, p. 339; am. 2018, ch. 169, sec. 18, p. 368; am. 2019, ch. 141, sec. 1, p. 488.]