For summaries from opinions prior to August, 2018, view PDF versions here.
Empower Pharmacy
v.
Iowa Board of Pharmacy
Appellant
Empower Pharmacy
Appellee
Iowa Board of Pharmacy
Attorneys for the Appellant
David L. Brown
Alexander E. Wonio
Attorney for the Appellee
Laura Steffensmeier, Assistant Attorney General
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Celene Gogerty, Judge. AFFIRMED. Heard by Bower, C.J., and Badding and Buller, JJ. Opinion by Badding, J. (20 pages)
Empower Pharmacy appeals the denial of its petition for judicial review that challenged adverse administrative action by the Iowa Board of Pharmacy for a violation of Iowa Administrative Code rule 657-20.12, governing compound preparations that are essentially copies of approved drugs. Empower argues the district court erred in determining: (1) the rule is not unconstitutionally vague, (2) it was afforded due process in the administrative proceeding, (3) the Board’s decision was supported by substantial evidence, and (4) the sanction levied was appropriate. OPINION HOLDS: We affirm the district court’s denial of Empower’s petition for judicial review, finding the rule is not unconstitutionally vague, Empower was afforded due process, substantial evidence supports the Board’s decision, and the sanction imposed was not an unreasonable abuse of discretion.
