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Idaho Code 37-117A

Controlled Substance Adulteration Reporting

Effective: July 1, 2004

 

What is IC 37-117A?

 

Idaho Code 37-117A, passed by the Idaho Legislature and signed into law on March 24, 2004, amends the Idaho Controlled Substances Act to require reporting by select employers of employment termination of certain health care providers for validated or suspected misappropriation or adulteration of controlled substances. In addition, the law requires that prior to hiring a new employee, prospective employers of certain health care providers make inquiry of the licensing board if a notice of termination has been filed.

 

Who Must Report?

 

Persons/entities licensed under Chapter 18, Title 54, Idaho Code (the Idaho Medical Practice Act):

 

Medical/Osteopathic Physicians & Surgeons

Physician Assistants

Graduate Physician Assistants

 

Persons/entities licensed under Chapter 13, Title 39, Idaho Code:

 

Hospitals

Nursing Facilities (Nursing Home)

Intermediate Care Facility for People with Intellectual Disabilities (ICF/ID)

Hospice House

 

What Must Be Reported?

 

Within 30 days of the termination of employment, the employer must furnish written notice of the termination of certain health care providers for reasons of controlled substance adulteration or misappropriation to the health care provider’s licensing board. The notice of termination must include a description of the controlled substance adulteration or misappropriation involved in the termination of employment.

 

Who is a Health Care Provider, According to Idaho Code 37-117A?

 

A health care provider is any licensed person who is allowed to dispense or administer controlled substances and who is employed by or seeking employment in a hospital, nursing facility, ICF/ID or physician office, includes, but is not limited to:

 

Licensed Practical Nurses (LPN)

Licensed Professional Nurses (RN)

Advanced Practice Professional Nurses:

Certified Nurse Midwives

Clinical Nurse Specialists

Nurse Practitioners

Registered Nurse Anesthetists

Dentists

Pharmacists

Medical/Osteopathic Physicians & Surgeons

Physician Assistants

Respiratory Therapists

Optometrists

Podiatrists

 

Who Must Receive the Notice of Termination?

 

The written Notice of Termination must be sent to the appropriate state licensing board:

 

Idaho Board of Dentistry

708 1/2 W Franklin S

Boise, ID  83702

Fax: 208-334-3247

 

Idaho Board of Medicine

PO Box 83720

Boise, ID  83720-0058

Fax: 208-327-7005

 

Idaho Board of Nursing

PO Box 83720

Boise, ID  83720-0061

Fax: 208-334-3262

 

Idaho Board of Pharmacy

3380 Americana Terrace #320

Boise, ID  83706

Fax: 208-334-3536

 

Bureau of Occupational Licenses (Boards of

Nursing Home Administrators, Optometry,

Podiatry, Residential Care Facility Administrators)

PO Box 83720

BoiseIdaho 83720-0063

Fax: 208-334-3945

 

Who Must Inquire About filed Notices of Termination?

 

Any prospective employer of a health care provider shall, before hiring, request in writing of the licensing board that any Notice of Termination maintained by the Board be furnished to the prospective employer. The prospective employer shall agree to not disclose information included in the Notice of Termination without the prior agreement of the health care provider.

 

Are Forms Available for Use by Employers?

 

Forms for use by employers/prospective employers are available on-line or on request from the State Agencies/Associations listed below.

 

Bureau of Occupational Licenses: 208-334-3233 www.ibol.idaho.gov

Idaho Board of Dentistry: 208-334-2369 isbd.idaho.gov

*Idaho Board of Medicine: 208-327-7000 Notice of Termination Form     Termination Inquiry Form

Idaho Board of Nursing: 208-334-3110 ibn.idaho.gov

Idaho Board of Pharmacy: 208-334-2356 bop.accessidaho.org

Idaho Health Care Association: 208-343-9735 www.ihca-ical.org

Idaho Hospital Association: 208-338-5100 www.teamiha.org