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 or registered 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.]