Idaho Code
Chapter 17 - PHARMACISTS
Section 54-1721 - UNLAWFUL PRACTICE.

54-1721. UNLAWFUL PRACTICE. (1) It shall be unlawful for any person or business entity to engage in the practice of pharmacy including, but not limited to, pharmaceutical care services in or into Idaho unless licensed or registered to so practice under the provisions of this chapter, except as provided in this subsection:
(a) Practitioners who are licensed under the laws of this state and their agents or employees may deliver and administer prescription drugs to their patients in the practice of their respective professions where specifically authorized to do so by statute of this state;
(b) Nonresident pharmacists who are actively licensed in their state of residence may practice pharmacy into Idaho if employed by or affiliated with and practicing for an Idaho-registered nonresident drug outlet. Only the PIC of a registered nonresident facility must be registered to practice into Idaho;
(c) Multistate licensees permitted to engage in the multistate practice of pharmacy in or into Idaho pursuant to section 54-1723B, Idaho Code;
(d) A veterinary drug outlet, as defined in section 54-1705, Idaho Code, does not need to register with the board if the outlet does not dispense for outpatient use any controlled substances listed in chapter 27, title 37, Idaho Code, euthanasia drugs, tranquilizer drugs, neuromuscular paralyzing drugs or general anesthesia drugs;
(e) Employees of the public health districts established under section 39-408, Idaho Code, shall be permitted to engage in the labeling and delivery of prepackaged items pursuant to a valid prescription drug order and in accordance with a formulary established by the district health director; and
(f) Researchers may possess legend drugs for use in their usual and lawful research projects.
(2) It shall be unlawful for any person not legally licensed as a pharmacist to take, use or exhibit the title of pharmacist or any other title or description of like import.
(3) Any person who shall be found to have unlawfully engaged in the practice of pharmacy shall be subject to a fine not to exceed three thousand dollars ($3,000) for each offense. Each such violation of this chapter or the rules promulgated hereunder pertaining to unlawfully engaging in the practice of pharmacy shall also constitute a misdemeanor punishable upon conviction as provided in the criminal code of this state.

History:
[54-1721, added 1979, ch. 131, sec. 3, p. 415; am. 2010, ch. 346, sec. 1, p. 904; am. 2013, ch. 28, sec. 7, p. 59; am. 2018, ch. 37, sec. 4, p. 84; am. 2019, ch. 25, sec. 3, p. 41; am. 2021, ch. 54, sec. 9, p. 167.]

Structure Idaho Code

Idaho Code

Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES

Chapter 17 - PHARMACISTS

Section 54-1701 - SHORT TITLE.

Section 54-1702 - LEGISLATIVE DECLARATION.

Section 54-1703 - STATEMENT OF PURPOSE.

Section 54-1705 - DEFINITIONS.

Section 54-1706 - STATE BOARD OF PHARMACY ESTABLISHED.

Section 54-1707 - MEMBERSHIP.

Section 54-1708 - QUALIFICATIONS OF BOARD MEMBERS.

Section 54-1709 - APPOINTMENT OF BOARD MEMBERS — NOTICE OF VACANCY — NOMINEES.

Section 54-1710 - TERMS OF OFFICE.

Section 54-1711 - VACANCIES.

Section 54-1712 - REMOVAL OF BOARD MEMBERS.

Section 54-1713 - ORGANIZATION OF THE BOARD.

Section 54-1714 - COMPENSATION OF BOARD MEMBERS.

Section 54-1715 - MEETINGS OF THE BOARD.

Section 54-1716 - EMPLOYEES.

Section 54-1717 - RULES.

Section 54-1718 - LICENSURE AND DISCIPLINE.

Section 54-1719 - MEDICATIONS — DRUGS — DEVICES — OTHER MATERIALS.

Section 54-1720 - OTHER DUTIES — POWERS — AUTHORITY.

Section 54-1721 - UNLAWFUL PRACTICE.

Section 54-1722 - QUALIFICATIONS FOR LICENSURE BY EXAMINATION.

Section 54-1723 - QUALIFICATIONS FOR LICENSURE BY RECIPROCITY.

Section 54-1723A - CERTIFICATE TO ENGAGE IN THE PRACTICE OF PHARMACY INTO IDAHO.

Section 54-1723B - MULTISTATE PRACTICE OF PHARMACY.

Section 54-1725 - CONTINUING PHARMACY EDUCATION.

Section 54-1726 - GROUNDS FOR DISCIPLINE.

Section 54-1727 - CONFIDENTIALITY OF PRESCRIPTIONS AND PATIENT INFORMATION.

Section 54-1728 - PENALTIES AND REINSTATEMENT INTERVALS.

Section 54-1729 - REGISTRATION AND LICENSURE OF FACILITIES.

Section 54-1729A - WHOLESALE DRUG DISTRIBUTOR — LICENSURE.

Section 54-1730 - DRUG OUTLET APPLICATION PROCEDURES.

Section 54-1731 - NOTIFICATIONS.

Section 54-1732 - VIOLATIONS AND PENALTIES.

Section 54-1733 - VALIDITY OF PRESCRIPTION DRUG ORDERS.

Section 54-1733A - TRANSMISSION OF PRESCRIPTION DRUG ORDERS.

Section 54-1733B - OPIOID ANTAGONISTS.

Section 54-1733D - EPINEPHRINE AUTO-INJECTORS — PRESCRIPTION AND ADMINISTRATION.

Section 54-1736 - DECLARATION OF COMMON NUISANCE.

Section 54-1737 - BURDEN OF PROOF.

Section 54-1737A - RESTRICTIONS ON TRANSACTIONS.

Section 54-1738 - PROOF THAT A DRUG IS A PRESCRIPTION DRUG OR LEGEND DRUG.

Section 54-1739 - PROSPECTIVE DRUG REVIEW AND COUNSELING.

Section 54-1760 - SHORT TITLE.

Section 54-1762 - LEGEND DRUG DONATION.

Section 54-1762A - DRUG DONATION FOR ANIMALS.

Section 54-1764 - IMMUNITY FROM LIABILITY.

Section 54-1769 - COMMUNICATION REGARDING BIOLOGICAL PRODUCTS.

Section 54-1771 - SEVERABILITY.