The board shall register an applicant to manufacture, prescribe, administer, dispense, distribute or conduct research with controlled substances included in sections 37-2705, 37-2707, 37-2709, 37-2711 and 37-2713, Idaho Code, unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board shall consider the following factors:
(a) Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;
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Terms Used In Idaho Code 37-2717 v2

  • Administer: means the direct application of a controlled substance whether by injection, inhalation, ingestion, or any other means to the body of a patient or research subject by:
Idaho Code 37-2701
  • Board: means the state board of pharmacy created in chapter 17, title 54, Idaho Code, or its successor agency. See Idaho Code 37-2701
  • Controlled substance: means a drug, substance or immediate precursor in schedules I through VI of article II of this chapter. See Idaho Code 37-2701
  • Dispense: means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Idaho Code 37-2701
  • Distribute: means to deliver other than by administering or dispensing a controlled substance. See Idaho Code 37-2701
  • Manufacture: means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, and includes extraction, directly or indirectly, from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance:
    • Idaho Code 37-2701
  • Prescribe: means a direction or authorization permitting an ultimate user to lawfully obtain or be administered controlled substances. See Idaho Code 37-2701
  • State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof, and any area subject to the legal authority of the United States of America. See Idaho Code 37-2701
    • (b) Compliance with applicable state and local law;
    (c) Any convictions of the applicant under any federal and state laws relating to any controlled substance;
    (d) Past experience in the manufacture, dispensing, prescribing, administering, research or distribution of controlled substances, and the existence in the applicant’s establishment of effective controls against diversions;
    (e) Furnishing by the applicant of false or fraudulent material in any application filed under this chapter;
    (f) Restriction, suspension or revocation of the applicant’s federal registration; and
    (g) Any other factors relevant to and consistent with the public health and safety.