Idaho Code

Idaho Code § 54-1705 (2026)

PRACTICE OF PHARMACY — GENERAL APPROACH. 

✓ current as of May 2026
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PRACTICE OF PHARMACY — GENERAL APPROACH. 

To evaluate whether a specific act is within the practice of pharmacy in or into Idaho, or whether an act can be delegated to other individuals under his supervision, a licensee or registrant of the board of pharmacy shall independently determine whether:

(1)  The act is expressly prohibited by:
(a)  This chapter;
(b)  The uniform controlled substances act, chapter 27, title 37, Idaho Code; or
(c)  Any other applicable state or federal laws or regulations;
(2)  The act is consistent with the individual’s education, training, and experience; and
(3)  Performance of the act is within the accepted standard of care that would be provided in a similar setting by a reasonable and prudent individual with similar education, training, and experience.
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1981–2026 · leading case: State v. Nikolas Sherman, 327 P.3d 993 (Idaho Ct. App. 2014).
State v. Nikolas Sherman, 327 P.3d 993 (Idaho Ct. App. 2014). · cites it 8× “Prescription drug abuse has been recognized throughout the country as an act detrimental to the public health, safety, and welfare: Prescription drug abuse is the fastest growing drug problem in the United States.”
State v. Kellogg, 636 P.2d 750 (Idaho 1981). · cites it 4× “I have custody of the official records of the FDA relating to human drugs, including the new drug applications (NDAs) on file with the FDA. .... "4. A diligent search of the official files of the FDA relating to NDAs covering prednisolone tablets for human use reveals that, as…”
State v. Borek (Idaho 2026). · cites it 4× “I.C. § 54-1705(30) (2017). The practice of pharmacy included the pharmacist’s “interpretation, evaluation, and dispensing of prescription drug orders” from licensed providers, including psychotherapists.”
— Idaho Code § 54-1705(23) — 1 case
State v. Kellogg, 636 P.2d 750 (Idaho 1981). “I have custody of the official records of the FDA relating to human drugs, including the new drug applications (NDAs) on file with the FDA. .... "4. A diligent search of the official files of the FDA relating to NDAs covering prednisolone tablets for human use reveals that, as…”
— Idaho Code § 54-1705(30) — 1 case
State v. Borek (Idaho 2026). “I.C. § 54-1705(30) (2017). The practice of pharmacy included the pharmacist’s “interpretation, evaluation, and dispensing of prescription drug orders” from licensed providers, including psychotherapists.”
— Idaho Code § 54-1705(32) — 1 case
State v. Nikolas Sherman, 327 P.3d 993 (Idaho Ct. App. 2014). “Prescription drug abuse has been recognized throughout the country as an act detrimental to the public health, safety, and welfare: Prescription drug abuse is the fastest growing drug problem in the United States.”
— Idaho Code § 54-1705(36) — 1 case
State v. Nikolas Sherman, 327 P.3d 993 (Idaho Ct. App. 2014). “Prescription drug abuse has been recognized throughout the country as an act detrimental to the public health, safety, and welfare: Prescription drug abuse is the fastest growing drug problem in the United States.”
— Idaho Code § 54-1705(9) — 1 case
State v. Borek (Idaho 2026). “I.C. § 54-1705(30) (2017). The practice of pharmacy included the pharmacist’s “interpretation, evaluation, and dispensing of prescription drug orders” from licensed providers, including psychotherapists.”
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