54-1728. PENALTIES AND REINSTATEMENT. (1) Upon the finding of the existence of grounds for discipline of any person or business entity holding a license or registration, seeking a license or registration, or a renewal license or registration under the provisions of this chapter, the board of pharmacy may impose one (1) or more of the following penalties:

(a) Suspension of the offender’s license or registration for a term to be determined by the board;

(b) Revocation of the offender’s license or registration;

(c) Restriction of the offender’s license or registration to prohibit the offender from performing certain acts or from engaging in the practice of pharmacy in a particular manner for a term to be determined by the board;

(d) Refusal to renew the offender’s license or registration;

(e) Placement of the offender on probation and supervision by the board for a period to be determined by the board;

(f) Imposition of an administrative fine not to exceed two thousand dollars ($2,000) for each occurrence providing a basis for discipline.

(2) Whenever it appears that grounds for discipline exist under this chapter and the board finds that there is an immediate danger to the public health, safety, or welfare, the board is authorized to commence emergency proceedings to suspend, revoke, or restrict the license or registration. Such proceedings shall be promptly instituted and processed. Any person whose license or registration has been disciplined pursuant to this subsection can contest the emergency proceedings and appeal under the applicable provisions of chapter 52, title 67, Idaho Code.

(3) The board may take any action against a nonresident licensee or registrant that the board can take against a resident licensee or registrant for violation of the laws of this state or the state in which it resides.

(4) The board may report any violation by a nonresident licensee or registrant, or its agent or employee, of the laws and rules of this state, the state in which it resides or the United States to any appropriate state or federal regulatory or licensing agency including, but not limited to, the regulatory agency of the state in which the nonresident licensee or registrant is a resident.

(5) The board may elect to not initiate an administrative action under Idaho law against a nonresident licensee or registrant upon report of a violation of law or rule of this state if the licensee’s or registrant’s home state commences an action for the violation complained of; provided however, that the board may elect to initiate an administrative action if the home state action is unreasonably delayed or the home state otherwise fails to take appropriate action for the reported violation.

(6) The suspension, revocation, restriction or other action taken against a licensee or registrant by a state licensing board with authority over a licensee’s or registrant’s professional license or registration or by the drug enforcement administration may result in the board’s issuance of an order likewise suspending, revoking, restricting or otherwise affecting the license or registration in this state, without further proceeding, but subject to the effect of any modification or reversal by the issuing state or the drug enforcement administration.

(7) The assessment of costs and fees incurred in the investigation and prosecution or defense of a person holding a license or registration, seeking a license or registration, or renewing a license or registration under this chapter shall be governed by the provisions of section 12-117(5), Idaho Code.

(8) Any person whose license to practice pharmacy in this state has been suspended, revoked or restricted pursuant to this chapter, or any drug outlet whose certificate of registration has been suspended, revoked or restricted pursuant to this chapter, whether voluntarily or by action of the board, shall have the right, at reasonable intervals, to petition the board for reinstatement of such license. Such petition shall be made in writing and in the form prescribed by the board. Upon investigation and hearing, the board may in its discretion grant or deny such petition, or it may modify its original finding to reflect any circumstances which have changed sufficiently to warrant such modifications.

(9) Nothing herein shall be construed as barring criminal prosecutions for violations of the act where such violations are deemed as criminal offenses in other statutes of this state or of the United States.

(10) All final decisions by the board shall be subject to judicial review pursuant to the procedures of the administrative procedure act.

History:

[54-1728, added 1979, ch. 131, sec. 3, p. 419; am. 1985, ch. 152, sec. 4, p. 409; am. 1995, ch. 42, sec. 1, p. 63.; am. 2013, ch. 28, sec. 10, p. 62; am. 2018, ch. 37, sec. 10, p. 89; am. 2018, ch. 348, sec. 8, p. 804; am. 2019, ch. 25, sec. 5, p. 43.]