54-1756 ENFORCEMENT -- ORDER TO CEASE DISTRIBUTION OF A DRUG. - Idaho Statutes

TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 17

PHARMACISTS

54-1756. Enforcement -- Order to cease distribution of a drug. (1) If the board finds that there is a reasonable probability that:

(a) A wholesale distributor, other than a manufacturer, has:

(i) Violated a provision in this act; or

(ii) Falsified a pedigree, or sold, distributed, transferred, manufactured, repackaged, handled or held a counterfeit prescription drug intended for human use; and

(b) The prescription drug at issue as a result of a violation in paragraph (a) of this subsection could cause serious, adverse health consequences or death; and

(c) Other procedures would result in unreasonable delay;

the board shall issue an order requiring the appropriate person, including the distributors or retailers of the drug, to immediately cease distribution of the drug within the state.

(2) An order under subsection (1) of this section shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than ten (10) days after the date of the issuance of the order, on the actions required by the order. If, after providing an opportunity for such a hearing, the board determines that inadequate grounds exist to support the actions required by the order, the board shall vacate the order.