No person shall issue or dispense a prescription drug order for a controlled substance unless it is in compliance with applicable state and federal law and rules of the board.
(a) Controlled substances included in schedule I shall be distributed only by a registrant to another registrant pursuant to the federal drug enforcement administration (DEA) order form 222.
criminal case

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Idaho Code 37-2722 v2

  • 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
  • Drug: means : (1) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (2) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals; (3) substances, other than food, intended to affect the structure or any function of the body of man or animals; and (4) substances intended for use as a component of any article specified in clause (1), (2), or (3) of this subsection. See Idaho Code 37-2701
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Idaho Code 37-2701
  • Practitioner: means :
Idaho Code 37-2701
  • Prescriber: means an individual currently licensed, registered or otherwise authorized to prescribe and administer controlled substances in the course of professional practice. 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) Controlled substances included in schedule II shall:
    (1) Be distributed only by a registrant to another registrant pursuant to DEA order form 222.
    (2) Be dispensed only pursuant to a valid prescription drug order, except when dispensed directly by a prescriber.
    (3) Not be refilled.
    (4) Include a quantity that is both spelled out in English and written in numerical form, when a written prescription drug order is required.
    (c) Controlled substances included in schedule III or IV shall:
    (1) Be dispensed only pursuant to a valid prescription drug order, except when dispensed directly by a prescriber.
    (2) Not be filled or refilled more than six (6) months after the date thereof or be refilled more than five (5) times, unless renewed by the practitioner.
    (d) Controlled substances included in schedule V shall not be distributed or dispensed other than for a medical purpose.
    (e) A pharmacist may dispense a controlled substance pursuant to a valid prescription drug order of an individual licensed in a jurisdiction other than the state of Idaho as long as the individual is acting within the jurisdiction, scope and authority of his license.
    (f) Prior to issuing to a patient a prescription for outpatient use for an opioid analgesic or benzodiazepine listed in schedule II, III, or IV, the prescriber or the prescriber’s delegate shall review the patient’s prescription drug history for the preceding twelve (12) months from the prescription drug monitoring program and evaluate the data for indicators of prescription drug diversion or misuse. This review is not required:
    (1) For patients:
    (i) Receiving treatment in an inpatient setting;
    (ii) At the scene of an emergency or in an ambulance;
    (iii) In hospice care; or
    (iv) In a skilled nursing home care facility; or
    (2) For a prescription in a quantity intended to last no more than three (3) days.
    (g) Subsection (f) of this section shall be effective on and after October 1, 2020, and shall apply only to individuals required by this chapter to register for the prescription drug monitoring program.