Idaho § 54-1729 - Registration and licensure of facilities

§ 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.

[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.]