Legal Question in Administrative Law in Iowa

declaring a legislative agency rules invalid

A state legislature passed enabling legislation, estabishing a board to regulate the profession of pharmacy, as well as business establishments engaged in pharmacy. The law gives the agency guidance in stablishing licensing requirements and specifically states that no person may be licensed as a phamacist unless he hass attained the age of twent-one years and has a degree from an accredited school of pharmacy. The agency thinks that these requirements are not wise and thus enacts a rule allowing anyone over the age of 16 to become a licensed as a pharmacist and additonally the rule provides that a person does not have to have a degree in pharmacy, but rather, any college degree will qualify the applicant. The pharmacy association, a professional group of licensed pharmacists, brings an action seeking to have the rule declared invalid. That would be the standing to sue?


Asked on 3/01/01, 2:33 pm

1 Answer from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

Re: declaring a legislative agency rules invalid

The way that you could overturn this ruling is to show that the public health and welfare would be affected by those individuals who did not meet minimum competency and obtain a state license. the truth of the matter in many of these cases is that large corporations such as Walmart etc who now have pharmacies are trying to reduce or eliminate cost by not having to hire a licensed professional or lower the competency of the individual to dispense drugs. As a professional engineer we have fought this for a number of years and we are now making headway in many of the states. John Q citizen, which any of your members could qualify could have standing to sue on these regulations.

Good Luck!!!

Pat Tracy

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Answered on 4/25/01, 8:10 am


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