T54CH17

Title 54 > T54CH17

Sections (53)

54-1701

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1701. Short title. This chapter shall be known as the Idaho Pharmacy Act. History: [54-1701, added 1979, ch. 131, sec. 3, p. 404.; am. 2013, ch. 28, sec. 2, p. 52.]

54-1702

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1702. Legislative declaration. The practice of pharmacy in the state of Idaho is declared a professional practice affecting the health, safety and welfare of the public and is subject to regulation and control in the public interest. Only qualified persons shall be permitted to engage in the practice of pharmacy in or into the state of Idaho. History: [54-1702, added 1979, ch. 131, sec. 3, p. 404.; am. 2013, ch. 28, sec. 3, p. 52; am. 2025, ch. 93, sec. 1, p. 411.]

54-1704

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1704. Definitions. In this chapter: (1) Accredited school or college of pharmacy means a school or college that meets the minimum standards of the accreditation council for pharmacy education and appears on its list of accredited schools or colleges of pharmacy. (2) Board of pharmacy or board means the Idaho state board of pharmacy. (3) Certificate means a license or registration issued by the board unless specifically stated. (4) Chain pharmacy warehouse means a physical location for prescription drugs that acts as a central warehouse and performs intracompany sales or transfers of such drugs to a group of chain pharmacies that have the same common ownership and control. (5) Colicensed partner or product means an instance where two (2) or more parties have the right to engage in the manufacturing or marketing of a prescription drug, consistent with the federal food and drug administration’s implementation of the prescription drug marketing act. (6) Collaborative pharmacy practice means a pharmacy practice where one (1) or more pharmacists or pharmacies jointly agree to work under a protocol authorized by one (1) or more prescribers to provide patient care and drug therapy management services not otherwise permitted to be performed by a pharmacist under specified conditions. (7) Compounding means the practice in which a pharmacist, a prescriber, or, in the case of an outsourcing facility, a person under the supervision of a pharmacist combines, mixes or alters ingredients of a drug to create a medication tailored to the needs of an individual patient. (8) Counseling or counsel means the effective communication by the pharmacist of information, as set out in this chapter, to the patient or caregiver in order to improve therapeutic outcomes by maximizing proper use of prescription drugs and devices. (9) Deliver or delivery means the actual, constructive or attempted transfer of a drug or device from one person to another, whether or not for a consideration. (10) Device means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar related article, including any component part or accessory that is: (a) Recognized in the official United States Pharmacopoeia or official National Formulary, other drug compendia or any supplement to them; (b) Intended for use in the diagnosis of disease or other conditions or the cure, mitigation, treatment or prevention of disease in man or other animal; (c) Intended to affect the structure or any function of the body of man or other animal, does not achieve any of its principal intended purposes through chemical action within or on the body of man or other animal, and is not dependent upon being metabolized for the achievement of any of its principal intended purposes. (11) Dispense or dispensing means the preparation and delivery of a drug pursuant to a lawful prescription drug order of a practitione

54-1705

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1705. PRACTICE OF PHARMACY — GENERAL APPROACH. To evaluate whether a specific act is within the practice of pharmacy in or into Idaho, or whether an act can be delegated to other individuals under his supervision, a licensee or registrant of the board of pharmacy shall independently determine whether: (1) The act is expressly prohibited by: (a) This chapter; (b) The uniform controlled substances act, chapter 27, title 37 , Idaho Code; or (c) Any other applicable state or federal laws or regulations; (2) The act is consistent with the individual’s education, training, and experience; and (3) Performance of the act is within the accepted standard of care that would be provided in a similar setting by a reasonable and prudent individual with similar education, training, and experience. History: [54-1705, added 2024, ch. 69, sec. 2, p. 346; am. 2025, ch. 93, sec. 4, p. 417.]

54-1705A

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1705A. PRESCRIBER PERFORMANCE OF PHARMACY FUNCTIONS. For the purposes of this chapter, any function that a pharmacist may perform may similarly be performed by an Idaho prescriber or may be delegated by an Idaho prescriber to appropriate support personnel in accordance with the prescriber’s practice act. History: [54-1705A, added 2024, ch. 69, sec. 3, p. 346.]

54-1706

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1706. State board of pharmacy established. There is hereby established in the division of occupational and professional licenses a state board of pharmacy that shall have all of the duties, powers, and authority specifically granted by and necessary to the enforcement of this chapter. History: [54-1706, added 1979, ch. 131, sec. 3, p. 408; am. 2021, ch. 222, sec. 15, p. 630; am. 2025, ch. 93, sec. 5, p. 418.]

54-1707

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1707. Membership. The board of pharmacy shall consist of seven (7) members who shall be appointed by and serve at the pleasure of the governor. One (1) member shall be a representative of the public, one (1) member shall be a certified registered pharmacy technician who possesses the qualifications specified in section 54-1708 , Idaho Code, and five (5) members shall be licensed pharmacists who possess the qualifications specified in section 54-1708 , Idaho Code. The board of pharmacy shall have diverse pharmacy practice experience, with at least one (1) member having substantial experience in community pharmacy and at least one (1) member having substantial experience in hospital pharmacy. History: [54-1707, added 1979, ch. 131, sec. 3, p. 408; am. 2013, ch. 65, sec. 1, p. 161; am. 2021, ch. 54, sec. 3, p. 164; am. 2024, ch. 69, sec. 4, p. 346; am. 2025, ch. 212, sec. 1, p. 1014.]

54-1708

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1708. Qualifications of board members. (1) The public member of the board of pharmacy shall be a resident of the state of Idaho who has attained the age of majority and shall not be nor shall he ever have been a member of the profession of pharmacy, the spouse of a member of the profession of pharmacy, or a person who has or has had a material financial interest in providing pharmacy service or any other activity directly related to the practice of pharmacy. (2) The pharmacist members of the board of pharmacy shall at the time of their appointment and at all times thereafter: (a) Be residents of the state of Idaho; (b) Be licensed and in good standing to engage in the practice of pharmacy in the state of Idaho; (c) Be engaged in the practice of pharmacy in the state of Idaho; and (d) Have five (5) years of experience in the practice of pharmacy in the state of Idaho after licensure. (3) The certified registered pharmacy technician member of the board of pharmacy shall at the time of appointment and at all times thereafter: (a) Be a resident of the state of Idaho; (b) Be registered and in good standing to engage in the practice of pharmacy in the state of Idaho; (c) Be engaged in the practice of pharmacy in the state of Idaho; (d) Have three (3) years of experience in the practice of pharmacy in the state of Idaho after registration; and (e) Maintain a current certified pharmacy technician designation. History: [54-1708, added 1979, ch. 131, sec. 3, p. 408; am. 2025, ch. 212, sec. 2, p. 1014.]

54-1709

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1709. Appointment of board members — Notice of vacancy — Nominees. Prior to the expiration of the regular term of a member of the board or upon the occurrence of declaration of a vacancy in the membership of the board, the governor shall appoint a qualified person to fill the vacancy. The governor may consider recommendations for appointment to the board from the Idaho state pharmacy association and from any individual residing in this state. History: [54-1709, added 1979, ch. 131, sec. 3, p. 409; am. 1997, ch. 22, sec. 1, p. 32; am. 2016, ch. 340, sec. 20, p. 943.]

54-1710

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1710. Terms of office. (1) Except as provided in subsection (2) of this section, members of the board of pharmacy shall be appointed for a term of five (5) years, except that members of the board who are appointed to fill vacancies that occur prior to the expiration of a former member’s full term shall serve the unexpired portion of such term. (2) The terms of the members of the board shall be staggered, so that the term of no more than one (1) member shall expire in any year. (3) No member of the board shall serve more than two (2) consecutive full terms. The completion of the unexpired portion of a full term shall not constitute a full term for purposes of this section. (4) An appointee to a full term on the board shall become a member on July 1 of the year of appointment. Appointees to unexpired portions of full terms shall become members of the board upon appointment. History: [54-1710, added 1979, ch. 131, sec. 3, p. 409.; am. 2016, ch. 71, sec. 1, p. 248; am. 2021, ch. 54, sec. 4, p. 164; am. 2024, ch. 69, sec. 5, p. 347.]

54-1713

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1713. Organization of the board. (1) The board of pharmacy shall elect from its members a chairman and such other officers as it deems appropriate and necessary to the conduct of its business. The chairman of the board of pharmacy shall preside at all meetings of the board and shall be responsible for the performance of all of the duties and functions of the board required or permitted by this chapter. Each additional officer elected by the board shall perform those duties normally associated with his position and such other duties assigned to him from time to time by the board. (2) Officers elected by the board shall serve terms of one (1) year, commencing with the day of their election and ending upon election of their successors. (3) The administrator of the division of occupational and professional licenses shall carry out the duties set forth in chapter 26, title 67 , Idaho Code, on behalf of the board. (4) All meetings and hearings of the board shall be conducted in compliance with the provisions of chapter 2, title 74 , Idaho Code. History: [54-1713, added 1979, ch. 131, sec. 3, p. 410.; am. 2016, ch. 71, sec. 2, p. 248; am. 2016, ch. 341, sec. 3, p. 967; am. 2021, ch. 221, sec. 6, p. 612; am. 2024, ch. 69, sec. 8, p. 347.]

54-1716

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1716. Employees. (1) The board of pharmacy may, in its discretion, employ persons in addition to the executive director in such other positions or capacities as it deems necessary to the proper conduct of board business and to the fulfillment of the board’s responsibilities as defined by this act. (2) The employees of the board other than the executive director and the board’s chief controlled substance investigator under chapter 27, title 37 , Idaho Code, shall be classified employees and shall receive, as compensation, an annual salary payable on regular pay periods, the amount of which shall be determined by the division of human resources classification and compensation plan set forth in section 67-5309 , Idaho Code, and reimbursement for all expenses incurred in connection with performance of their official duties. History: [54-1716, added 1979, ch. 131, sec. 3, p. 411; am. 2000, ch. 353, sec. 1, p. 1187.; am. 2023, ch. 6, sec. 1, p. 10.]

54-1717

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1717. Rules. The board of pharmacy shall make, adopt, amend, and repeal such rules as may be deemed necessary by the board, from time to time, for the proper administration and enforcement of this chapter. Such rules shall be promulgated in accordance with the procedures specified in chapter 52, title 67 , Idaho Code, the administrative procedure act. History: [54-1717, added 1979, ch. 131, sec. 3, p. 411; am. 2019, ch. 25, sec. 1, p. 38.]

54-1718

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1718. Licensure and discipline. (1) The board of pharmacy shall be responsible for the control and regulation of the practice of pharmacy in this state, including but not limited to the following: (a) The licensing by examination or by reciprocity of applicants who are qualified to engage in the practice of pharmacy under the provisions of this chapter; (b) The renewal of licenses to engage in the practice of pharmacy; (c) The enforcement of the provisions of this chapter relating to the conduct or competence of pharmacists practicing in this state and the suspension, revocation or restriction of licenses to practice pharmacy; (d) The regulation of pharmacist interns and technicians; (e) The cancellation of certificates that fail to maintain the requirements of this chapter; and (f) The reinstatement of licenses following the completion of thirty (30) hours of continuing education within twenty-four (24) months and compliance with any prior board orders. (2) The board of pharmacy shall require the following applicants over the age of eighteen (18) to submit to a fingerprint-based criminal history check in accordance with section 67-9411A , Idaho Code: (a) Original applicants for a certificate; and (b) Applicants for reinstatement of a certificate. History: [54-1718, added 1979, ch. 131, sec. 3, p. 411; am. 2010, ch. 63, sec. 1, p. 112; am. 2015, ch. 36, sec. 1, p. 75; am. 2018, ch. 37, sec. 2, p. 81; am. 2021, ch. 54, sec. 6, p. 165; am. 2024, ch. 69, sec. 10, p. 347; am. 2024, ch. 101, sec. 2, p. 447; am. 2025, ch. 93, sec. 7, p. 418.]

54-1719

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1719. duties — powers — authority. (1) The board of pharmacy shall have the following responsibilities in regard to medications, drugs, devices and other materials used in this state in the diagnosis, mitigation and treatment or prevention of injury, illness and disease: (a) The regulation of the sale at retail and the dispensing of medications, drugs, devices and other materials, including the method of dispensing in institutional facilities and including the right to seize such drugs, devices and other materials found to be detrimental to the public health and welfare by the board after appropriate hearing as required under the administrative procedure act; (b) The control of the purity and quality of such medications, drugs, devices and other materials within the practice of pharmacy; and (c) The issuance and renewal of certificates of drug outlets for purposes of ascertaining those persons engaged in the manufacture and distribution of drugs. (2) The board may solicit and receive from parties other than the state grants, moneys, donations, and gifts of tangible and intangible property for any purpose consistent with the provisions of this chapter, which purposes may be specified as a condition of any grants, moneys, donations, or gifts. (3) The board or its authorized representatives shall have power to investigate and gather evidence concerning alleged violations of the provisions of this chapter. All records required under this chapter shall be made available for inspection upon request by the board or its authorized agents. (4) The board shall inspect drug outlets prior to the commencement of business, if applicable, and at regular intervals. History: [54-1719, added 1979, ch. 131, sec. 3, p. 412; am. 1990, ch. 144, sec. 1, p. 324; am. 2013, ch. 270, sec. 2, p. 702; am. 2021, ch. 54, sec. 7, p. 165; am. 2025, ch. 93, sec. 8, p. 418.]

54-1720

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1720. LICENSING FEES. Non-refundable fees shall be posted by the division and shall not exceed the amounts specified as follows: (1) Individual certificates: Certificate Initial fee, not to exceed Annual renewal fee, not to exceed Pharmacist license $140$130 Nonresident person in charge $290$290 Pharmacist intern $50$50 Technician $35$35 Practitioner controlled substance registration $60$60 (2) Drug outlet certificates: Certificate Initial fee, not to exceed Annual renewal fee, not to exceed Drug outlet (unless otherwise listed) $100$100 Wholesale license $180$180 Wholesale registration $150$150 Central drug outlet (nonresident) $500$250 Mail service pharmacy $500$250 Durable medical equipment outlet $50$50 Outsourcing facility (nonresident) $500$250 Manufacturer $150$150 Veterinary drug outlet $35$35 History: [54-1720, added 2025, ch. 93, sec. 10, p. 419.]

54-1721

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 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 person in charge of a registered nonresident facility shall be registered to practice into Idaho. All other nonresident pharmacists who are affiliated with and practicing from a nonresident facility are exempt from license and registration requirements for 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 54-1704 , 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. (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 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; am. 2024, ch. 69, sec. 11, p. 348; am. 2025, ch. 93, sec. 11, p. 420.]

54-1722

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1722. Qualifications for pharmacist licensure by examination. (1) To obtain a license to engage in the practice of pharmacy, an applicant for licensure by examination shall: (a) Submit a written application in the form prescribed by the board of pharmacy; (b) Graduate and receive the first professional degree from an accredited school or college of pharmacy; (c) Pass the North American pharmacist licensure examination by the national association of boards of pharmacy or submit a passing score transfer into Idaho within ninety (90) days after application; and (d) Pay the fees specified by this chapter. (2) Any applicant who is a graduate of a school or college of pharmacy located outside of the United States may substitute the following for subsection (1)(b) of this section: (a) Graduate from a school or college of pharmacy located outside of the United States; (b) Submit certification by the foreign pharmacy graduate examination committee; and (c) Complete a minimum of one thousand seven hundred forty (1,740) experiential hours as verified on an employer’s affidavit, signed by a pharmacist licensed and practicing in the United States. History: [54-1722, added 2024, ch. 69, sec. 13, p. 349; am. 2025, ch. 93, sec. 12, p. 421.]

54-1723

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1723. Qualifications for pharmacist licensure by reciprocity. To obtain a license as a pharmacist by reciprocity, an applicant for licensure shall: (1) Submit a written application in the form prescribed by the board of pharmacy; (2) Possess at the time of initial licensure as a pharmacist such other qualifications necessary to have been eligible for licensure at that time in this state; (3) Present to the board proof of initial licensure by examination and proof that such license and any other certificate granted to the applicant by any other state or states is not at the time of application suspended, revoked, canceled or otherwise restricted in a manner preventing the applicant from practicing as a pharmacist for any reason except nonrenewal or the failure to obtain required continuing education credits in any state where the applicant is licensed but not engaged in the practice of pharmacy; and (4) Pay the fees specified by this chapter. History: [54-1723, added 1979, ch. 131, sec. 3, p. 416; am. 2005, ch. 218, sec. 1, p. 693; am. 2017, ch. 24, sec. 1, p. 43; am. 2018, ch. 37, sec. 6, p. 86; am. 2021, ch. 54, sec. 11, p. 169; am. 2024, ch. 69, sec. 14, p. 349; am. 2025, ch. 93, sec. 13, p. 421.]

54-1723A

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1723A. certificate to engage in the practice of pharmacy into Idaho. (1) To obtain a certificate to practice as a pharmacist into the state of Idaho, the applicant shall: (a) Be licensed and in good standing in the state from which the applicant practices pharmacy; (b) Submit a written application in the form prescribed by the board; and (c) Pay the fee(s) specified by the board for the issuance of the certificate. (2) A successful applicant for a certificate under this section shall be subject to the disciplinary provisions of section 54-1726 , Idaho Code, and the penalty provisions of section 54-1728 , Idaho Code. (3) A successful applicant for a certificate under this section shall comply with the laws of this state unless compliance would violate the laws in the state in which the applicant is located. (4) Renewal shall be required biennially and submitted to the board no later than the applicant’s birthday. (5) An applicant who has failed to maintain an Idaho license and who has not practiced as a pharmacist for the preceding twenty-four (24) months or longer may, at the board’s discretion, be subject to requirements necessary to demonstrate professional competency. History: [54-1723A, added 2009, ch. 244, sec. 4, p. 752; am. 2010, ch. 116, sec. 1, p. 242; am. 2013, ch. 28, sec. 8, p. 60; am. 2014, ch. 34, sec. 1, p. 54; am. 2018, ch. 37, sec. 7, p. 88; am. 2021, ch. 54, sec. 12, p. 169; am. 2024, ch. 86, sec. 12, p. 396; am. 2025, ch. 93, sec. 14, p. 422.]

54-1723B

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1723B. multistate practice of pharmacy. Notwithstanding any provision of law to the contrary: (1) The board may enter into mutual recognition agreements with one (1) or more party states provided that each party state: (a) Has substantially similar requirements for drug outlet registration as required in section 54-1730 , Idaho Code, pharmacist licensure, as required in section 54-1722 , Idaho Code, or pharmacist intern and technician registration, or both; (b) Requires a fingerprint-based criminal history check prior to licensure that is substantially similar to the requirement in section 54-1718 , Idaho Code; and (c) Grants the same multistate practice privileges to Idaho drug outlets, pharmacists, pharmacist interns, or technicians as Idaho grants to the party state’s drug outlets, pharmacists, pharmacist interns, or technicians under like circumstances and conditions. (2) A drug outlet, pharmacist, pharmacist intern, or technician license issued by a party state will be recognized by the board as permitting the multistate practice of pharmacy in or into Idaho without a license issued by the board provided the following conditions are met: (a) The party state is the primary state of residence for the multistate licensee; (b) The multistate licensee holds an active license issued by a party state that is not currently suspended, revoked, canceled, or otherwise restricted or conditioned in any manner; and (c) The requirements specified in paragraph (a) or (b) of this subsection shall be met at all times by any multistate licensee engaged in the multistate practice of pharmacy in or into Idaho. (i) If such a multistate licensee no longer meets the requirements in paragraph (a) of this subsection, the multistate licensee shall apply for licensure in the new primary state of residence prior to relocating to the new primary state of residence. If the pharmacist, pharmacist intern, or technician’s new primary state of residence is either Idaho or another party state, the pharmacist, pharmacist intern, or technician may continue to practice until a new license is issued in the new primary state of residence. (ii) If a multistate licensee no longer meets the requirements in paragraph (b) of this subsection, the multistate licensee shall immediately cease engaging in the multistate practice of pharmacy in or into Idaho, unless the multistate licensee obtains a license issued by the board. (3) A multistate licensee engaged in the multistate practice of pharmacy in or into Idaho shall comply with all laws governing the practice of pharmacy in the state of Idaho. (4) If the board finds grounds for discipline exist, as set forth in section 54-1726 or 37-2718 , Idaho Code, the board may impose upon the multistate practice privileges of a multistate licensee any of the penalties set forth in section 54-1728 or 37-2718 , Idaho Code. The board’s imposition of any penalties shall be limite

54-1723C

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1723C. Renewal of pharmacist license. To meet the standard of care, pharmacists are expected to complete sufficient continuing education germane to the practice of pharmacy to maintain their professional competence. At license renewal, every pharmacist shall attest that he has maintained competence through continuing education commensurate with the pharmacist’s active practice setting. History: [54-1723C, added 2025, ch. 93, sec. 16, p. 423.]

54-1725

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1725. PHARMACIST INTERN RENEWAL REQUIREMENTS. (1) A pharmacist intern registration shall be obtained prior to commencement of an internship and shall be renewed biennially. No renewal fee shall be charged if the pharmacist intern renews the registration annually by July 15. (2) After graduation, a pharmacist intern application may be extended for up to twelve (12) months at no cost from the date of application as a pharmacist. Following an extension, the individual may register as a technician or petition the board for more time as a pharmacist intern if exceptional circumstances are present. History: [54-1725, added 2025, ch. 93, sec. 18, p. 423.]

54-1725A

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1725A. PRACTITIONER CONTROLLED SUBSTANCE REGISTRATION. Any person needing a controlled substance registration as provided in section 37-2716 , Idaho Code, shall: (1) Hold a valid state license or registration to prescribe medications from a licensing authority established under this title; (2) Obtain a valid DEA registration if required pursuant to federal law. Failure to obtain such registration, if required, within forty-five (45) days after issuance of an Idaho controlled substance registration shall result in automatic cancellation; and (3) Have an Idaho practice address subject to inspection by the board. The provisions of this subsection shall not apply to nonresident prescribers who only prescribe into Idaho. History: [54-1725A, added 2025, ch. 93, sec. 19, p. 424.]

54-1726

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1726. Grounds for discipline. (1) The board of pharmacy may penalize as set forth in section 54-1728 , Idaho Code, a certificate of any person, pursuant to the procedures set forth in chapter 52, title 67 , Idaho Code, upon one (1) or more of the following grounds: (a) Unprofessional conduct, including but not limited to: (i) Unethical conduct, including fraud, misrepresentation, negligence, concealment, using false information, or breaching the public trust; (ii) A lack of fitness for professional practice due to incompetency, personal habits, drug or alcohol dependence, on-duty intoxication or impairment, or any other cause that endangers the public; (iii) Diversion of drug products and devices, unlawful possession or use of drugs, excessive provision of controlled substances, or violating provisions of the federal or state controlled substances laws; (iv) Failing to follow the instructions of the person ordering a prescription, except as provided in this chapter; (v) Providing substandard, misbranded, or adulterated drugs or drugs made using secret formulas; (vi) Acts or omissions within the practice of pharmacy that fail to meet the standard of care provided by other licensees or registrants in the same or similar setting; (vii) Directly promoting or inducing health care services or products that are unnecessary or not medically indicated; or (viii) Failure to follow an order of the board, comply with an inspection or investigation, or promptly remediate inspection deficiencies; (b) Incapacity of a nature that prevents a person from engaging in the practice of pharmacy with reasonable skill, competence and safety to the public; (c) Being found guilty, convicted or having received a withheld judgment or suspended sentence by a court of competent jurisdiction in this state or any other state of one (1) or more of the following: (i) Any crime deemed relevant in accordance with section 67-9411 (1), Idaho Code; (ii) Any act related to the qualifications, functions or duties of a licensee or registrant; or (iii) Violations of the pharmacy or drug laws of this state or the federal government; (d) Fraud or intentional misrepresentation by a licensee or registrant in securing the issuance or renewal of a certificate; (e) Engaging or aiding and abetting an individual to engage in the practice of pharmacy without a certificate or falsely using the title of pharmacist; and (f) Being found by the board to be in violation of any of the provisions of this chapter or chapter 27, title 37 , Idaho Code. (2) Nonresident licensees and registrants shall be held accountable to the board for violations by its agents and employees and subject to the same grounds for discipline and penalties for their actions as set forth herein. History: [54-1726, added 1979, ch. 131, sec. 3, p. 417; am. 1985, ch. 152, sec. 3, p. 409; am. 1988, ch. 12, sec. 1, p. 15; am. 1993, ch. 216, sec. 70, p. 650; am. 201

54-1727

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1727. Confidentiality of prescriptions and patient information. (1) In addition to the requirements of the health insurance portability and accountability act of 1996, all prescriptions, drug orders, records or any other prescription information that specifically identifies an individual patient shall be held in the strictest confidence. No person in possession of such information shall release the information, unless requested as follows: (a) By the board or its representatives acting in their official capacity; (b) By the patient or the patient’s designee regarding the patient’s own records; (c) By agents of the department of health and welfare when acting in their official capacity with reference to issues related to the practice of pharmacy (written requests by authorized agents of the department requesting such information are required); (d) By agents of any board whose practitioners have prescriptive authority, when the board is enforcing laws governing that practitioner; (e) By an agency of government charged with the responsibility for providing medical care for the patient (written requests by authorized agents of the agency requesting such information are required); (f) Nothing in this section shall prohibit insurance companies and health plans from sharing patient-specific information with law enforcement authorities or any of the entities identified in paragraphs (a) through (e) of this subsection in cases of suspected fraud and substance abuse; or (g) Nothing in this section shall prohibit disclosure of patient-specific information to law enforcement authorities pursuant to a search warrant, subpoena, or other court order. (2) Any person who has knowledge by virtue of his office or occupation of any prescription drug order, record, or pharmacy-related information that specifically identifies an individual patient shall not divulge such information except as authorized in this section. Any person or entity to whom information is divulged pursuant to this section shall not divulge such information except in compliance with this section. (3) Nothing in this section shall limit the authority of the board or its representatives from inspecting the records of licensees and registrants or the authority of any other board with licensees or registrants who have prescriptive authority from performing any other duty or authority of that board, nor shall this section limit a court of competent jurisdiction from ordering the release or disclosure of such records upon a showing of just cause after such review or hearing as the court deems necessary and proper. This section shall not limit the authority of any other board or agency to inspect records of persons it regulates, notwithstanding that the records may contain information protected by the provisions of this section. (4) In addition to all other penalties as provided by law, any person or entity found by the board to

54-1728

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1728. Penalties and reinstatement intervals. (1) Upon the finding of the existence of grounds for discipline of any person or business entity holding, seeking, or renewing a certificate under the provisions of this chapter, the board of pharmacy may impose any of the following penalties: (a) Suspension of the offender’s certificate for a term to be determined by the board; (b) Revocation of the offender’s certificate; (c) Restriction of the offender’s certificate 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 issue or renew the offender’s certificate; (e) Placement of the offender on probation and supervision by the board for a period to be determined by the board; or (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 certificate. Such proceedings shall be promptly instituted and processed. Any person whose certificate 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 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 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 certificate or by the drug enforcement administration may result in the board’s issuance of an order likewise suspending, revoking, restricting or otherwise affecting the certificate 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. (6) The assessment of costs and fees incurred in the investigation and prosecution or defense of a person holding, seeking, or renewing a certificate under this chapter shall be governed by the provisions of section 12-117 (5), Idaho Code. (7) Any person or business entity whose certificate to practice phar

54-1729

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1729. Registration and licensure of facilities. (1) All drug or device outlets doing business in or into Idaho shall: (a) If a nonresident, be licensed or registered and in good standing in the applicant’s state of residence and, if a pharmacy, have a person in charge who is licensed and in good standing in the nonresident state and registered by the board on a form approved by the board; (b) Submit a written application in the form prescribed by the board with information about ownership and location; and (c) Pay the fee or fees specified by this chapter. (2) Each drug or device outlet shall apply for a certificate in one (1) of the following classifications prior to doing business in or into Idaho: (a) Resident drug outlet; (b) Nonresident drug outlet; (c) Manufacturer; (d) Wholesaler; or (e) Prescriber drug outlet. (3) It shall be lawful for any outlet or facility to sell and distribute nonprescription drugs. Outlets engaging in the sale and distribution of such items shall not be deemed to be improperly engaged in the practice of pharmacy. (4) Following the issuance of a new license or registration, each facility shall be inspected to confirm that the facility is compliant with applicable law. (5) If the regulatory board or licensing authority of the state in which a nonresident outlet is located fails or refuses to conduct an inspection or fails to obtain records or reports required by the board, upon reasonable notice to the nonresident outlet, the board may conduct an inspection. Nonresident outlets shall also pay the actual costs of the out-of-state inspection of the outlet, including the transportation, lodging and related expenses of the board’s inspector. (6) A successful applicant for a certificate under the provisions of this section shall be subject to the disciplinary provisions of section 54-1726 , Idaho Code, and the penalty provisions of section 54-1728 , Idaho Code. (7) A successful applicant for a certificate under the provisions of this section shall comply with the laws of this state unless compliance would violate the laws in the state in which the licensee or registrant is located. (8) Renewal shall be required biennially and submitted to the board in accordance with the provisions of section 67-2614 , Idaho Code. History: [54-1729, added 1979, ch. 131, sec. 3, p. 420; am. 1985, ch. 21, sec. 1, p. 33; am. 2009, ch. 244, sec. 5, p. 753; am. 2011, ch. 135, sec. 3, p. 379; am. 2013, ch. 28, sec. 11, p. 63; am. 2014, ch. 34, sec. 2, p. 55; am. 2018, ch. 37, sec. 11, p. 90; am. 2019, ch. 25, sec. 6, p. 44; am. 2021, ch. 54, sec. 18, p. 174; am. 2022, ch. 178, sec. 2, p. 580; am. 2024, ch. 86, sec. 13, p. 397; am. 2025, ch. 93, sec. 22, p. 426.]

54-1729A

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1729A. WHOLESALE DRUG DISTRIBUTOR — LICENSURE. (1) In addition to meeting federal requirements, every business entity that engages in the wholesale distribution of prescription drugs, durable medical equipment, or pseudoephedrine products in or into Idaho shall be licensed by the board as a wholesale distributor, except: (a) Manufacturers distributing their own federal food and drug administration-approved drugs and devices, including distribution of prescription drug samples by manufacturers’ representatives and intracompany sales, meaning any transaction or transfer between any division, subsidiary, parent, or affiliated or related company under common ownership and control of a corporate entity or any transfer between colicensees of a colicensed product; (b) An entity that donates prescription drugs, when conducted in accordance with sections 54-1760 through 54-1765 , Idaho Code; (c) A pharmacy distributing in accordance with section 54-1732 , Idaho Code; and (d) Persons selling, purchasing, distributing, trading, or transferring a prescription drug for emergency medical reasons. (2) The board shall not issue a wholesale distributor license to an applicant unless the board determines that the designated representative meets the following qualifications: (a) Is actively involved in and aware of the actual daily operation of the wholesale distributor; (b) Is physically present at the facility of the applicant during regular business hours, except when the absence of the designated representative is authorized, including but not limited to sick leave and vacation leave; and (c) Has disclosed under oath any felony convictions, any conviction of the applicant related to wholesale or retail prescription drug distribution, or any discipline by a state regulatory agency related to wholesale or retail prescription drug distribution. (3) All applicant-designated representatives shall submit to a fingerprint-based criminal history check in accordance with section 67-9411A , Idaho Code. (4) A wholesale distributor shall have adequate processes in place for monitoring purchase activity of customers and identifying suspicious ordering patterns that indicate potential diversion or criminal activity related to controlled substances such as orders of unusual size, orders deviating substantially from a normal pattern, orders for drugs that are outside of the prescriber’s scope of practice, or orders of unusual frequency. (5) The board shall recognize a wholesaler’s accreditation by the national association of boards of pharmacy for purposes of reciprocity and satisfying the new drug outlet inspection required by this chapter. History: [54-1729A, added 2021, ch. 54, sec. 19, p. 175; am. 2024, ch. 101, sec. 3, p. 448; am. 2025, ch. 93, sec. 23, p. 427.]

54-1730

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1730. DRUG OUTLET MINIMUM FACILITY STANDARDS. Each resident drug outlet shall meet the following minimum facility standards: (1) Be constructed and equipped with adequate security to protect its equipment, records and supply of drugs, devices and other restricted sale items from unauthorized access, acquisition, or use; (2) Store controlled substances in accordance with federal law; (3) Restrict access to the area where prescription drugs are prepared, compounded, distributed, dispensed, or stored to authorized personnel; (4) Maintain staff sufficient to operate safely and remain open during the hours posted to the public; and (5) If dispensing more than twenty (20) prescriptions per day, maintain an electronic recordkeeping system to store patient medication records. Such system shall have audit trail functionality that documents the identity of each individual involved in each step of processing, filling, and dispensing or, alternatively, the identity of the pharmacist or prescriber responsible for the accuracy of such processes. History: [54-1730, added 2025, ch. 93, sec. 25, p. 428.]

54-1731

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1731. DRUG OUTLET AND LICENSEE REPORTING REQUIREMENTS. (1) All drug outlets shall report to the board of pharmacy: (a) At least ten (10) days prior, the occurrence of a change of location or permanent closing, including notice of the proposed new location of prescription files and the location where the closing inventory record of controlled substances will be retained; (b) As soon as possible, the occurrence of any disaster, accident, or emergency that affects safe and continued operation; (c) On the same day as such report is made to the DEA, any theft or loss of controlled substances; and (d) Within thirty (30) days, a change of the operating legal entity’s majority ownership. (2) Authorized distributors shall report specified data on controlled substances each month in a form and manner prescribed by the board. (3) All licensees shall report changes in information provided on or with renewal application forms within thirty (30) days of such changes. (4) All licensees shall report the following within thirty (30) days after the final action: (a) All felony and other criminal convictions involving any legend drug; (b) Any disciplinary action from any other licensing authority; and (c) The surrender of a license in lieu of discipline from any other licensing authority. History: [54-1731, added 2025, ch. 93, sec. 27, p. 429.]

54-1731A

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1731A. DRUG OUTLETS THAT DISPENSE PRESCRIPTION DRUGS — minimum requirements. All drug outlets shall: (1) Dispense prescription drugs only pursuant to a valid prescription drug order as set forth in this chapter; (2) Provide prospective drug review that shall include evaluation of a prescription drug order for known allergies, rational therapy contraindications, reasonable dose and route of administration, reasonable directions for use, duplication of therapy, drug interactions, and proper utilization; (3) Provide a complete and accurate label as set forth in this chapter; (4) Verify the accuracy of the drug stock selected relative to the drug prescribed. If not performed by a pharmacist, an electronic verification system or verification by two (2) support persons shall be necessary; and (5) Provide counseling for new medications. For refills or renewed prescriptions an offer to counsel the patient or caregiver shall be extended. Nothing in this section shall require a pharmacist to provide counseling when a patient or caregiver refuses such counseling, when counseling is otherwise impossible, or for inpatients of a hospital or institutional facility if a licensed health care professional administers the medication. History: [54-1731A, added 2025, ch. 93, sec. 28, p. 429.]

54-1731B

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1731B. DRUG OUTLETS WITH ALTERNATIVE DISPENSIng MODELS. (1) A drug outlet that dispenses prescription drugs to human patients that does not have a pharmacist or other prescriber on site to supervise pharmacy operations shall: (a) Maintain adequate video surveillance and retain a recording for a minimum of thirty (30) days. Provided, however, that self-service automated dispensing systems shall be excluded from the requirements of this paragraph; (b) Use an audio communication system to counsel and interact with each patient or patient’s caregiver; and (c) Remain closed to the public if either of the systems required pursuant to paragraphs (a) or (b) of this subsection are not functioning properly. (2) A drug outlet that stores drugs outside of a drug outlet for retrieval by a licensed health care professional shall comply with the following: (a) Drugs shall remain under the control of, and be routinely monitored and inventoried by, the supervising drug outlet; and (b) The storage area shall be appropriately equipped to ensure security and prevent diversion or tampering; (3) Stocking and replenishing of a drug outlet that stores drugs outside of a drug outlet for retrieval by a licensed health care professional may be performed by a pharmacist or prescriber or an appropriate support person if using an electronic verification system or a verification by two support persons. History: [54-1731B, added 2025, ch. 93, sec. 29, p. 430.]

54-1731C

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1731C. DRUG OUTLET RECORDKEEPING REQUIREMENTS. (1) Unless otherwise provided for in this chapter, prescription records and any other records required by this chapter shall be maintained for at least three (3) years after the date of a transaction. Prescription records may be retained at a central location or may be stored and maintained electronically provided that such records remain legible. All records shall be produced within seventy-two (72) hours. (2) Each drug outlet shall maintain a current, complete, and accurate record of each controlled substance manufactured, imported, received, ordered, sold, delivered, exported, dispensed, or otherwise disposed of by the registrant. Pursuant to the requirements of this subsection: (a) A biennial inventory shall be conducted at each registered location not later than seven (7) days after the date of the most recent inventory in a form and manner that satisfies the inventory requirements of federal law; and (b) Evidence of an amount of a controlled substance that differs from the amount reflected on a record or inventory shall create a rebuttable presumption that the registrant has failed to keep records or maintain inventories pursuant to the requirements of this chapter. (3) Wholesalers and other entities engaged in wholesale drug distribution shall maintain inventories and records that include, at a minimum: (a) The source of drugs, including the name and principal address of the seller or transferor, and the address of the location from which the drugs were shipped; (b) The identity, quantity, and dates of receipt and distribution of drugs received and distributed or disposed of; and (c) Controlled substance distribution invoices. History: [54-1731C, added 2025, ch. 93, sec. 30, p. 430.]

54-1732

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1732. Violations and penalties. (1) No drug outlet designated in section 54-1729 , Idaho Code, shall be operated until a certificate has been issued to said facility by the board. Upon the finding of a violation of this subsection, the board may impose one (1) or more of the penalties enumerated in section 54-1728 , Idaho Code. (2) Reinstatement of a certificate that has been suspended, revoked or restricted by the board may be granted in accordance with the procedures specified in section 54-1728 (7), Idaho Code. (3) The following acts, or the failure to act, and the causing of any such act or failure are unlawful: (a) The sale, delivery or administration of any prescription drug or legend drug, except an emergency medication pursuant to section 54-1735 , Idaho Code, unless: (i) Such legend drug is dispensed or delivered by a pharmacist or prescriber upon an original prescription, drug order or prescription drug order by a practitioner in good faith in the course of his practice. Any person violating the provisions of this subparagraph shall be guilty of a felony and on conviction thereof shall be imprisoned in the state penitentiary for a term not to exceed three (3) years, or punished by a fine of not more than five thousand dollars ($5,000),orbybothsuchfineandimprisonment;or(ii)Inthecaseofalegenddrugdispensedtoaperson,thereisalabelaffixedtotheimmediatecontainerinwhichsuchdrugisdispensed.Anypersonviolatingthissubparagraphshallbeguiltyofamisdemeanoranduponconvictionthereofshallbefinednotmorethanfivehundreddollars($500). Nothing in this subparagraph prohibits a practitioner from delivering professional samples of legend drugs in their original containers in the course of his practice when oral directions for use are given at the time of such delivery. (b) The refilling of any prescription or drug order for a legend drug, except as designated on the prescription or drug order or by the authorization of the practitioner. Any person guilty of violating the provisions of this paragraph shall be guilty of a misdemeanor and upon conviction thereof shall be incarcerated in the county jail for a term not to exceed one (1) year or punished by a fine of not more than one thousand dollars ($1,000),orbybothsuchfineandincarceration.(c)Thepossessionoruseofalegenddrugoraprecursor,exceptanemergencymedicationpursuanttosection54-1735,IdahoCode,byanypersonunlesssuchpersonobtainssuchdrugontheprescriptionordrugorderofapractitioner.Anypersonguiltyofviolatingtheprovisionsofthisparagraphshallbeguiltyofamisdemeanoranduponconvictionthereofshallbeincarceratedinthecountyjailforatermnottoexceedone(1)yearorpunishedbyafineofnotmorethanonethousanddollars($1,000), or by both such fine and incarceration. (d) The wholesale distribution of drugs or devic

54-1733

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1733. Validity of prescription drug orders. (1) A prescription drug order for a legend drug is valid only if it is issued by a prescriber for a legitimate medical purpose arising from a prescriber-patient relationship that includes a documented patient evaluation adequate to establish diagnoses, if applicable, and identify underlying conditions and/or contraindications to the treatment. A valid prescriber-patient relationship may be established through virtual care technologies, provided that the applicable Idaho community standard of care must be satisfied. (2) A valid prescription may not be antedated or postdated or have evidence of alteration by any person other than the person who wrote it. (3) A prescriber who is otherwise authorized to perform any of the activities listed in this section may prescribe or perform any of the following activities for a patient with whom the prescriber does not have a prescriber-patient relationship under the following circumstances: (a) Writing initial admission orders for a newly hospitalized patient; (b) Writing a prescription drug order for a patient of another prescriber for whom the prescriber is taking call; (c) Writing a prescription drug order for a patient examined by a physician assistant, advanced practice registered nurse or other licensed practitioner with whom the prescriber has a supervisory or collaborative relationship; (d) Writing a prescription drug order for a medication on a short-term basis for a new patient prior to the patient’s first appointment; (e) Writing a prescription for an emergency medication pursuant to section 54-1735 , Idaho Code; (f) In emergency situations where the life or health of the patient is in imminent danger; (g) In emergencies that constitute an immediate threat to the public health including, but not limited to, empiric treatment or prophylaxis to prevent or control an infectious disease outbreak; and (h) If a prescriber makes a diagnosis of an infectious disease in a patient, prescribe or dispense antimicrobials to an individual who has been exposed to the infectious person in accordance with clinical guidelines. (4) Treatment, including issuing a prescription drug order, based solely on a static online questionnaire does not constitute a legitimate medical purpose. (5) A prescription drug order shall be issued only by a prescriber including a prescriber who is licensed in a jurisdiction other than the state of Idaho and is permitted by such license to prescribe legend drugs in the course of his professional practice as long as the individual is acting within the jurisdiction, scope and authority of his license when issuing the prescription drug order. (6)(a) The following acts shall be unlawful: (i) To knowingly issue an invalid prescription drug order for a legend drug; (ii) To knowingly dispense a legend drug pursuant to an invalid prescription drug order; (iii) To prescribe drugs to

54-1733A

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1733A. PRESCRIPTION DRUG ORDER MINIMUM REQUIREMENTS. (1) A prescription drug order may be transmitted by delivery of the original signed written prescription or a digital image of the order, or by a prescriber, prescriber’s agent, or representative of a state-licensed or federally certified provider community either electronically, verbally, or via facsimile. (2) Each prescription drug order shall include at least the following: (a) The name of the patient or authorized entity, and, if for an animal, the species; (b) If a controlled substance, the patient’s address; (c) The date issued; (d) The drug name, strength, and quantity; (e) Directions for use; (f) The name of the prescriber, and, if a controlled substance, the address and DEA registration number; and (g) The signature of the prescriber or, if a renewal of a previous prescription, the prescriber’s authorized agent. (3) A provider may omit drug information and directions and, instead, make an indication for the pharmacist to finalize the patient’s drug therapy plan. History: [54-1733A, added 2025, ch. 93, sec. 33, p. 434.]

54-1733B

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1733B. FILLING PRESCRIPTION DRUG ORDERS — LIMITATIONS. (1) Drug product selection is only allowed between therapeutic equivalent drugs as published in the FDA orange book or green book. If a prescriber orders that a brand name drug shall be dispensed, then no drug product selection is permitted. (2) Partial fillings shall be allowed as long as the total quantity dispensed does not exceed the total quantity prescribed. (3) A prescription drug order may be refilled as authorized by the prescriber and within the limits of federal law. A pharmacist may also refill a prescription to ensure continuity of care. (4) A pharmacist may: (a) Change the quantity of medication prescribed if any of the following apply: the quantity or package size is not commercially available, the change is related to a change in dosage form, strength or therapeutic interchange, the change is intended to synchronize a patient’s medications, or if it is to dispense the total amount authorized by the prescriber; (b) Change the dosage form if it is in the best interest of patient care, as long as the directions are also modified to equate to an equivalent amount of the drug dispensed as prescribed; and (c) Complete missing information on the prescription if there is evidence to support the change. (5) Drug product substitutions in which a pharmacist dispenses a drug product other than that prescribed are only allowed as follows: (a) Pursuant to a formulary or drug list of a pharmacy and therapeutics committee of a hospital; (b) At the direction of the quality assessment and assurance committee of an institutional facility; (c) For interchangeable biosimilar products published in the FDA purple book, if the name of the drug and the manufacturer or the national drug code number is documented in the patient’s medical record; and (d) Therapeutic interchange within the same therapeutic class is allowed if the substitution lowers the cost to the patient or occurs during a drug shortage. History: [54-1733B, added 2025, ch. 93, sec. 34, p. 434.]

54-1734

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1734. PHARMACIST PRESCRIBING — GENERAL REQUIREMENTS. (1) A pharmacist may independently prescribe if such pharmacist: (a) Only prescribes drugs for conditions for which the pharmacist is educationally prepared and for which competence has been achieved and maintained; (b) Only issues a prescription for a legitimate medical purpose arising from a patient-prescriber relationship; (c) Obtains adequate information about the patient’s health status to make appropriate decisions based on the applicable standard of care and the best available evidence; (d) Recognizes the limits of the pharmacist’s own knowledge and experience and consults with and refers to other health care professionals as appropriate; and (e) Maintains documentation adequate to justify the care provided, including but not limited to the information collected as part of the patient assessment, diagnosis, prescription record, provider notification, and follow-up care plan. (2) The general requirements provided for in this section do not apply to the prescribing of devices and nonprescription drugs, prescribing under a collaborative pharmacy practice agreement, direct administration of a medication, or prescribing emergency drugs authorized under this chapter. History: [54-1734, added 2025, ch. 93, sec. 36, p. 435.]

54-1735

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1735. EMERGENCY MEDICATIONS. (1) Notwithstanding any other provision of law, any health professional licensed or registered under this title acting in good faith and exercising reasonable care may prescribe, distribute, dispense, and administer an emergency medication to any person or entity. Any person who prescribes, distributes, dispenses, or administers an emergency medication pursuant to this subsection shall not be liable in a civil or administrative action or subject to criminal prosecution for such acts. (2) Notwithstanding any other provision of law, any person acting in good faith and exercising reasonable care may distribute or dispense emergency medication to any person or entity and may administer emergency medication to any person who appears to be experiencing anaphylaxis or an opiate-related overdose. The administering person shall contact emergency medical services as soon as possible. Any person who distributes, dispenses, or administers emergency medication pursuant to this subsection shall not be liable in a civil or administrative action or subject to criminal prosecution for such acts. (3) For the purposes of this section, emergency medication includes: (a) Opioid antagonists; and (b) Epinephrine auto-injectors. History: [54-1735, added 2024, ch. 69, sec. 20, p. 353.]

54-1736

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1736. PRESCRIPTION DRUG LABELING STANDARDS. (1) All prescription drugs shall be in an appropriate container bearing a label in conformance with federal law. (2) For parenteral admixtures, the label shall include the date and time of the addition or the beyond use date. (3) For prepackaged products, the label shall include an expiration date that is the lesser of the manufacturer’s original expiration date, one (1) year from the date the drug is prepackaged, or a shorter period if warranted. (4) For repackaged drugs, the label shall include the prescription number and contact information for the original dispensing pharmacy, a statement indicating that the drug has been repackaged, and contact information for the repackager. History: [54-1736, added 2025, ch. 93, sec. 38, p. 435.]

54-1736A

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1736A. PRESCRIPTION DRUG DELIVERY AND RETURN. (1) Delivery of filled prescriptions shall be allowed if appropriate measures are taken to ensure product integrity and safety. Prescriptions may be picked up for or returned from delivery by authorized personnel from a secured delivery area. (2) A drug outlet registered with the DEA as a collector may collect controlled and non-controlled drugs for destruction. Otherwise a dispensed drug or device may only be accepted for return as follows: (a) When the pharmacist determines that harm could result if the drug or device is not returned; (b) If it is a legend drug for donation pursuant to sections 54-1760 through 54-1764 , Idaho Code; and (c) The drug did not reach the patient and has been maintained in the custody and control of the drug outlet and the drug outlet is able to assure that product integrity has been maintained. History: [54-1736A, added 2025, ch. 93, sec. 39, p. 436.]

54-1737

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.]

54-1737A

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1737A. RESTRICTIONS ON TRANSACTIONS. (1) A wholesale distributor shall not engage in the wholesale distribution of prescription drugs purchased from pharmacies or practitioners or from wholesale distributors that purchase them from pharmacies or practitioners. (2) A manufacturer or wholesale distributor shall furnish prescription drugs only to a person licensed by the appropriate state licensing agency to manufacture, distribute, dispense, conduct research on, or independently administer such prescription drugs, unless exempted by law. A manufacturer or wholesale distributor shall furnish a scheduled controlled substance listed in section 37-2705 , 37-2707 , 37-2709 , 37-2711 , or 37-2713 , Idaho Code, only to a person who has been issued a valid controlled substance registration by the United States drug enforcement administration and the Idaho board of pharmacy, unless exempted by state or federal law. (3) Prescription drugs furnished by a manufacturer or wholesale distributor shall be delivered only to a principal place of business or a professional practice. History: [54-1737A, added 2021, ch. 54, sec. 27, p. 180.]

54-1738

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1738. Proof that a drug is a prescription drug or legend drug — common nuisance. (1) The following shall constitute prima facie evidence in any criminal or civil proceeding in this state that a drug is a prescription drug or legend drug: (a) In the case of a drug for which a new drug application was submitted to the United States food and drug administration, the affidavit of an officer having legal custody of the official records of the United States food and drug administration stating that such records show that the new drug application was approved, setting forth the date of approval, and further stating that the records show that proposed labeling for the drug which includes the legend Caution: Federal law prohibits dispensing without a prescription was approved. The affidavit shall be accompanied by a certificate that such officer has the custody. (b) In the case of a drug for which the United States food and drug administration does not require an approved new drug application as a condition for marketing the drug, the affidavit of an officer having legal custody of the official records of the United States food and drug administration stating that such records reflect that the drug meets the criteria of federal law to be regarded as a prescription drug and is required to bear the legend Caution: Federal law prohibits dispensing without a prescription. The affidavit shall be accompanied by a certificate that such officer has the custody. (c) In the case of a drug designated a prescription drug by action of the state board of pharmacy, independently of federal law, the affidavit of an officer having legal custody of the records of the state board of pharmacy stating that such records show that the drug has been denominated a prescription drug, to which shall be attached a copy of the official document evidencing such action. The affidavit shall be accompanied by a certificate that such officer has the custody. (2) This section does not prevent proof that a drug is a prescription or legend drug by any method authorized by any applicable statute, rule of procedure or rule of evidence. (3) Any store, shop, warehouse, dwelling house, apartment, building, vehicle, boat, aircraft, or any place whatsoever used by any person for the purpose of unlawfully using any legend drug, or used for the unlawful keeping or selling of the same, is a common nuisance. No person shall keep or maintain such a common nuisance or frequent or visit such place knowing that it is used for any such purpose. History: [54-1738, added 1979, ch. 131, sec. 3, p. 424; am. 2018, ch. 37, sec. 16, p. 94; am. 2025, ch. 93, sec. 40, p. 436.]

54-1760

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1760. short title. Sections 54-1760 through 54-1764 , Idaho Code, shall be known and may be cited as the Idaho Legend Drug Donation Act. History: [54-1760, added 2009, ch. 143, sec. 1, p. 428; am. 2025, ch. 93, sec. 42, p. 437.]

54-1762

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1762. legend drug donation. (1) Legend drugs may be transferred from a qualified donor to a donation repository for donation to medically indigent patients. (2) Qualified donors may distribute legend drugs in accordance with the following requirements: (a) Drugs donated by an individual member of the public must be in the manufacturer’s original sealed packaging, including those packaged in single unit doses when the outside packaging is open and the single unit dose packaging is intact; and (b) Drugs donated by an entity that is a qualified donor must meet either of the following conditions: (i) The drugs are in the manufacturer’s original sealed packaging, including those packaged in single unit doses when the outside packaging is open and the single unit dose packaging is intact; or (ii) The drugs are opened or unsealed but have remained under the control and storage of the qualified donor. (3) Donation repositories may accept drugs in accordance with the following specifications: (a) Only drugs that bear a clear and verifiable lot number and expiration date may be accepted and dispensed. Drugs bearing an expiration date fewer than three (3) months from the date the drug is donated shall not be accepted and shall not be dispensed; (b) Drugs and other substances provided in schedules II through V of article II, chapter 27, title 37 , Idaho Code, shall not be accepted and shall not be dispensed; and (c) A drug shall not be accepted or dispensed if the person accepting or dispensing the drug has reason to believe that the drug has been adulterated. (4) Any donation repository dispensing legend drugs shall: (a) Comply with all applicable federal and state laws related to the storage and distribution of drugs; (b) Inspect all drugs prior to dispensing to determine that such drugs have not been adulterated; (c) Dispense drugs pursuant only to a valid prescription; and (d) Separate donated drugs from the donation repository’s normal drug stock. Donated drugs may not be resold. (5) Nothing in this section shall require any person or entity to donate legend drugs, dispense donated legend drugs, transfer legend drugs for donation, or accept donated legend drugs. (6) Nothing in this section shall prohibit or restrict the return of unused prescription drugs to the Idaho medicaid program pursuant to rules promulgated by the Idaho department of health and welfare. History: [54-1762, added 2019, ch. 82, sec. 4, p. 197.]

54-1762A

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1762A. DRUG DONATION FOR ANIMALS. Notwithstanding any other provision of law: (1) An owner or a legal caretaker of an animal may donate a drug that is dispensed for the animal, but will not be used by that animal, to a licensed veterinarian of a veterinary medical facility, as that term is defined in section 54-2103 , Idaho Code, if the veterinarian or facility chooses to accept the drug. (2) A licensed veterinarian or a veterinary medical facility may accept and reissue drugs donated pursuant to this section and from qualified donors listed in section 54-1704 , Idaho Code, if: (a) The drug is not expired; (b) There is no reason to believe the drug has been adulterated; (c) The drug is not a controlled substance; and (d) The drug is not a compounded drug. (3) A licensed veterinarian or a veterinary medical facility may not resell the donated drug. (4) A licensed veterinarian or a veterinary medical facility may, however, reissue the donated drug, without charge, for proper administration to an animal by: (a) Another client of the veterinarian or facility who appears to be financially unable to pay for the drug; (b) A nonprofit animal shelter; or (c) A pound, as that term is defined in section 25-3502 , Idaho Code. History: [54-1762A, added 2019, ch. 25, sec. 14, p. 50; am. 2021, ch. 54, sec. 37, p. 182; am. 2022, ch. 45, sec. 7, p. 131; am. 2024, ch. 69, sec. 21, p. 354.]

54-1764

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1764. immunity from liability. Any entity that lawfully and voluntarily participates by donating, accepting, distributing or dispensing legend drugs under the Idaho legend drug donation act shall be immune from liability for any civil action arising out of the provision of such action. This section shall not extend immunity to the participating entity for any acts constituting intentional, willful or grossly negligent conduct or to acts by a participating entity that are outside the scope of practice authorized by the entity’s certificate. History: [54-1764, added 2009, ch. 143, sec. 5, p. 430; am. 2021, ch. 54, sec. 38, p. 182.]

54-1765

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1765. COMPOUNDING DRUG PREPARATIONS — GENERAL PROVISIONS. (1) Any compounding that is not permitted pursuant to the provisions of this chapter is considered manufacturing. (2) The provisions of subsections (3) through (7) of this section apply to any person authorized to engage in the practice of non-sterile compounding, sterile compounding, and sterile prepackaging of drug products in or into Idaho but shall not apply to: (a) The reconstitution of a non-sterile drug or sterile drug for immediate administration; (b) The addition of a flavoring agent or coloring agent to a drug product, as long as the agent is therapeutically inert and in the minimum quantity necessary; or (c) Product preparation of a non-sterile, non-hazardous drug according to the manufacturer’s FDA approved labeling. (3) Any person engaging in compounding pursuant to this section shall: (a) Obtain all active pharmaceutical ingredients from an FDA registered manufacturer; (b) Unless the active pharmaceutical ingredient complies with the standards of an applicable USP-NF monograph, obtain a certificate of analysis for all active pharmaceutical ingredients procured for compounding and retained for a period of not less than three (3) years from the date the container is emptied, expired, returned, or disposed of. The certificate shall contain the product name, lot number, expiration date, and assay; (c) Use equipment and utensils of suitable design and composition and that are cleaned, sanitized, or sterilized as appropriate prior to use; and (d) Remove unknown or questionable products from stock and isolate such products for return, reclamation, or destruction. (4) Compounding any drug products for human use that the FDA has identified as presenting demonstrable difficulties in compounding or has withdrawn or removed from the market is prohibited. (5) A drug product that is commercially available may only be compounded if not compounded regularly or in inordinate amounts or if the commercial product is not reasonably available in the market in time to meet a patient’s needs. (6) Limited quantities of a drug may be compounded or sterile prepackaged prior to receiving a valid prescription drug order based on a history of receiving valid prescription drug orders for the compounded or sterile prepackaged product. (7) Policies and procedures for the compounding or sterile prepackaging of drug products shall ensure the safety, identity, strength, quality, and purity of the finished product. To meet this standard, licensees and registrants shall take into consideration the applicable provisions of USP chapters 795 and 797, and USP-NF chapters 1075 and 1160. History: [54-1765, added 2025, ch. 93, sec. 43, p. 437.]

54-1766

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1766. STERILE PREPARATION. (1) The sterility of compounded diagnostics, drugs, nutrients, and radiopharmaceuticals shall be maintained or the compounded drug preparation shall be sterilized when prepared in the following dosage forms: (a) Aqueous bronchial and nasal inhalations, except nasal dosage forms intended for application; (b) Baths and soaks for live organs and tissues; (c) Injections such as colloidal dispersions, emulsions, solutions, and suspensions; (d) Irrigations for internal body cavities; (e) Ophthalmic drops and ointments; and (f) Tissue implants. (2) Compounders and sterile prepackagers are responsible for ensuring that sterile products are accurately identified, measured, diluted, and mixed and are correctly purified, sterilized, packaged, sealed, labeled, stored, dispensed, and distributed, as well as prepared in a manner that maintains sterility and minimizes the introduction of particulate matter. (3) Except when provided for immediate administration, the environment for the preparation of sterile preparations in a drug outlet shall be in an isolated area, designed to avoid unnecessary traffic and airflow disturbances, and equipped to accommodate aseptic techniques and conditions. (4) The following shall be documented with respect to any sterile preparation: (a) Justification of beyond use dates assigned pursuant to direct testing or extrapolation from reliable literature sources; (b) Training records evidencing that personnel are trained on a routine basis and are adequately skilled, educated, and instructed; (c) Audits appropriate for the risk of contamination for the particular sterile preparation, including visual inspection, periodic hand hygiene and garbing competency, gloved fingertip sampling testing, sterility testing, media-fill test procedures, competency evaluation at least annually for each compounder, and environmental sampling testing at least upon registration of a new drug outlet, upon the servicing or re-certification of facilities and equipment, in response to identified problems, or every six (6) months; (d) Temperature, logged daily; (e) Beyond use date and accuracy testing, when appropriate; and (f) Measuring, mixing, sterilizing, and purification equipment inspection, monitoring, cleaning, and maintenance to ensure accuracy and effectiveness for their intended use. History: [54-1766, added 2025, ch. 93, sec. 44, p. 438.]

54-1767

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1767. HAZARDOUS DRUG PREPARATION. This section shall apply to all persons engaged in the practice of compounding or sterile prepackaging with hazardous drugs. Such persons shall: (1) Ensure the storage and compounding areas have sufficient general exhaust ventilation to dilute and remove airborne contaminants; (2) Utilize a ventilated cabinet designed to reduce worker exposures while preparing hazardous drugs. Sterile hazardous drugs shall be prepared in a dedicated class II biological safety cabinet or a barrier isolator of appropriate design to meet the personnel exposure limits described in product material safety data sheets. When asepsis is not required, a class I biological safety cabinet, powder containment hood or an isolator intended for containment applications may be sufficient. A ventilated cabinet that re-circulates air inside the cabinet or exhausts air back into the room environment is prohibited unless: (a) The hazardous drugs in use will not volatilize while they are being handled; or (b) Written documentation from the manufacturer is provided attesting to the safety of such ventilation. (3) Clearly identify storage areas, compounding areas, containers, and prepared doses of hazardous drugs; (4) Label hazardous drugs with proper precautions, and dispense them in a manner to minimize risk of hazardous spills; (5) Provide and maintain appropriate personal protective equipment and supplies necessary for handling hazardous drugs, spills, and disposal; (6) Unpack, store, prepackage, and compound hazardous drugs separately from other inventory in a restricted area in a manner to prevent contamination and personnel exposure until hazardous drugs exist in their final unity-of-use packaging; and (7) Ensure that personnel working with hazardous drugs are trained in hygiene, garbing, receipt, storage, handling, transporting, compounding, spill control, clean up, disposal, dispensing, medical surveillance, and environmental quality and control. History: [54-1767, added 2025, ch. 93, sec. 45, p. 439.]

54-1769

TITLE 54 PROFESSIONS, VOCATIONS, AND BUSINESSES CHAPTER 17 PHARMACISTS 54-1769. communication regarding biological products. [EFFECTIVE UNTIL JULY 1, 2026] (1) A pharmacist who dispenses a biological product according to board rule shall communicate to the prescriber the name and manufacturer of the drug within five (5) business days following the dispensing of the biological product. Communication shall occur via an entry in an interoperable electronic medical records system, an electronic prescribing technology, a pharmacy benefit management system or a pharmacy record that can be accessed electronically by the prescriber. Entry into an electronic records system as described in this subsection shall be considered notice to the prescriber. Otherwise, the pharmacist shall communicate the biological product dispensed to the prescriber using facsimile, telephone, electronic transmission or other prevailing means, provided that the communication shall not be required when: (a) There is no interchangeable biological product approved by the federal food and drug administration for the product prescribed; (b) A refill prescription is not changed from the product dispensed on the prior filling of the prescription; or (c) The pharmacist or the pharmacist’s designee has already communicated to the prescriber the specific product to be provided to the patient, including the name and manufacturer of the product, prior to dispensing; and that product is the product that is actually dispensed. (2) Nothing in this section shall delay the dispensing of a valid prescription for a biological product. (3) For purposes of this section: (a) Biological product shall have the same meaning as in 42 U.S.C. 262(i). (b) Interchangeable biological product means a biological product that the federal food and drug administration has licensed and determined meets the standards for interchangeability set forth in 42 U.S.C. 262(k)(4) or has been deemed therapeutically equivalent by the federal food and drug administration in the latest edition of or supplement to the publication Approved Drug Products with Therapeutic Equivalence Evaluations. History: [54-1769, added 2016, ch. 197, sec. 1, p. 553.]