Wednesday, September 12, 2012

Idaho Statutes and Administrative Code Relating to Veterinary Medicine/Prescription Rules

The statutes in Idaho relating to discipline of veterinarians provide:
 54-2115. GROUNDS FOR DISCIPLINE. The board may refuse to issue, renew or reinstate the license of a veterinarian, or may deny, revoke, suspend, sanction, reprimand, restrict, limit, place on probation or require voluntary surrender of, the license of a veterinarian, and may fine and impose other forms of discipline and enter into consent agreements and negotiated settlements with any licensed veterinarian pursuant to the procedures set forth in chapter 52, title 67, Idaho Code, for any or all of the following reasons:


(15) The use, prescription or sale of any controlled substance, veterinary legend/prescription drug or prescription of an extra-label use for any human or veterinary drug without a valid veterinarian/client/patient relationship.

Idaho Statute found here.

The IDAHO ADMINISTRATIVE CODE IDAPA 46.01.01, Board of Veterinary Medicine Rules of the State Board of Veterinary Medicine that relates to prescriptions and controlled substances provides:

The Board’s code of professional conduct includes, but is not limited to, the following standards of conduct: (7-1-97)
01. Veterinarian/Client/Patient Relationship. A veterinarian shall not dispense or prescribe 
controlled substances, prescription or legend drugs except in the course of his professional practice and after a bona 
fide veterinarian/client/patient relationship as defined by Section 150 of these rules has been established. (3-30-01)

01. Medical Records. Medical records shall include, but not be limited to: (7-1-97)


f. All medications, treatments, prescriptions or prophylaxis given, including amount, frequency, and route of administration for both inpatient and outpatient care. (3-29-10)


08. Controlled Substances and Prescription or Legend Drugs. A controlled substance is any 
substance classified by the federal Food and Drug Administration or the Idaho Board of Pharmacy in Schedules I 
through V of the state or federal Controlled Substances Act, Title 37, Chapter 27, Idaho Code, or 21 CFR 1308. A prescription or legend drug is any drug that under federal law is required, prior to being dispensed or delivered, to be labeled with one 
(1) of the following statements: “Caution federal law prohibits dispensing without a prescription”; or “RX Only”; or “Caution: Federal law restricts this drug to used by or on the order of a licensed veterinarian”; or a drug which is required by any applicable federal or state law or regulation or rule to be dispensed on prescription 
only, or is restricted to use by practitioners only. A veterinarian shall only dispense or distribute a controlled substance or prescription or legend drug within the context of a valid veterinarian/client/patient relationship as defined by Section 150 of these rules. (3-30-01)
a. Records shall be kept that account for all dispensed and distributed controlled substances and prescription or legend drugs. The records shall comply with all federal and state laws. All information required by statute shall be recorded in the patient record along with the initials of the veterinarian who authorized the dispensing or distribution of the controlled substances or prescription or legend drugs. (3-30-01)
b. A separate inventory record shall be kept for each controlled substance by name and strength. The record shall include: (7-1-97)
i. Records of the receipt, which include all information required by federal law, the date of the 
receipt, the amount received, the source of receipt, and the invoice number. (7-1-97)
ii. Records of dispensing, which include the date the controlled substance was dispensed, the amount dispensed, the animal’s name, identification of the patient record, identification of the person who dispensed the drug, identification of the veterinarian who supervised the dispensing and any other information required by federal law.(7-1-97)
c. Records for all dispensed or distributed prescription or legend drugs shall be maintained in the individual patient or herd record and shall include the date the drug was dispensed or distribution was authorized, the amount dispensed or distributed, identification of the person who dispensed or authorized distribution of the drug, identification of the veterinarian who supervised the dispensing and any other information required by federal or state law, regulation or rule. (3-30-01)
d. Prescription drug order means a lawful written or verbal order of a veterinarian for a drug.
i. When prescription drug orders are issued by a licensed veterinarian to be distributed to the animal’s owner or legal caretaker by a retail veterinary drug outlet, all orders for prescription or legend drugs shall be written on an official numbered three (3) part order form available through the Idaho Department of Agriculture. The veterinarian shall retain the second copy in his medical record and the original and one (1) copy shall be sent to the retail veterinary drug outlet. The retail veterinary drug outlet shall retain the original and attach the copy of theoriginal to the order for delivery to the animal’s owner or legal caretaker. (5-8-09)
ii. Under no circumstances shall a prescription or legend drug be distributed by a retail veterinary drug outlet to an animal’s owner or legal caretaker prior to the issuance of either a written or oral prescription drug order from the veterinarian: (3-30-01)
(1) When a written prescription drug order from the veterinarian has been issued to a retail veterinary drug outlet, a copy of the veterinarian’s original numbered prescription drug order shall be attached to the prescription or legend drugs that are delivered to the animal’s owner or legal caretaker. (5-8-09)
(2) When a retail veterinary drug outlet receives an oral prescription drug order from the veterinarian, the oral order shall be promptly reduced to writing on a Department of Agriculture unnumbered telephone drug order blank. A copy of this completed form shall be attached to the prescription or legend drugs that are delivered to the animal(s)’s owner or legal caretaker. (5-8-09)
(3) When a veterinarian issues an oral prescription drug order to a retail veterinary drug outlet, the oral order shall be followed by a written prescription drug order signed by the veterinarian using the official numbered three (3) part order form and procedures required under Subparagraph 154.08.d.i. of these rules. The written order shall be sent promptly by the veterinarian so that it is received by the retail veterinary drug outlet no later than seven 
(7) days after the retail veterinary drug outlet receives the oral order. The written confirmation order may be handdelivered, mailed, faxed, attached to an e-mail, or otherwise properly delivered to the retail veterinary drug outlet.(3-29-10)
e. When prescription or legend drugs are dispensed, the labeling on all containers shall be in 
compliance with the requirements of Paragraph 153.01.d. of these rules. (3-30-01)
f. When controlled substances are dispensed, all containers shall be properly labeled with: (4-5-00)
i. The clinic’s name, address, and phone number; (4-5-00)
ii. The name of the client and patient; (3-30-01)
iii. The drug name and quantity; and (3-30-01)
iv. The directions for use, including dosage and quantity. (3-30-01)
g. All controlled substances shall be stored, dispensed, and disposed of in accordance with the 
requirements of the Uniform Controlled Substances Law and Code of Federal Regulations. (3-29-10)
09. Return or Disposal of Expired Pharmaceuticals and Biologicals. Except for controlled 
substances, which shall be disposed of in accordance with Paragraph 154.08.g. of these rules, all pharmaceuticals and 
biologicals that have exceeded their expiration date shall be removed from inventory and disposed of appropriately.

Idaho Adminstrative Code found here

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