C.R.S. Section 12-280-127
Disciplinary actions

(1)

Intentionally left blank —Ed.

(a)

The board may take disciplinary or other action as authorized in section 12-20-404 when the board determines that the applicant, licensee, certificant, or registrant has engaged in activities that are grounds for discipline under section 12-280-126.

(b)

The board may suspend or revoke a registration issued pursuant to section 12-280-119 (12) upon determination that the person administering a drug or combination of drugs to an animal has not demonstrated adequate knowledge required by sections 12-280-119 (12) and 12-280-120 (17).

(2)

Intentionally left blank —Ed.

(a)

Proceedings for the denial, suspension, or revocation of a license, certification, or registration and any judicial review of a suspension or revocation must be conducted in accordance with article 4 of title 24 and sections 12-20-403 and 12-20-408.

(b)

Upon finding that grounds for discipline pursuant to section 12-280-126 exist, in addition to the disciplinary actions specified in section 12-20-404 (1), the board may impose one or more of the following penalties on a person who holds or is seeking a new or renewal license, certification, or registration:

(I)

Restriction of the offender’s license, certification, or registration to prohibit the offender from performing certain acts or from practicing pharmacy or as a pharmacy technician in a particular manner for a period to be determined by the board;

(II)

Placement of the offender on probation and supervision by the board for a period to be determined by the board; or

(III)

Suspension of the registration of the outlet that is owned by or employs the offender for a period to be determined by the board.

(c)

The board may limit revocation or suspension of a registration to the particular controlled substance that was the basis for revocation or suspension.

(d)

If the board suspends or revokes a registration, the board may place all controlled substances owned or possessed by the registrant at the time of the suspension or on the effective date of the revocation order under seal. The board may not dispose of substances under seal until the time for making an appeal has elapsed or until all appeals have been concluded, unless a court orders otherwise or orders the sale of any perishable controlled substances and the deposit of the proceeds with the court. When a revocation becomes final, all controlled substances may be forfeited to the state.

(e)

The board shall promptly notify the bureau and the appropriate professional licensing agency, if any, of all charges and the final disposition of the charges and of all forfeitures of a controlled substance.

(3)

The board may also include in any disciplinary order that allows the licensee, certificant, or registrant to continue to practice conditions that the board deems appropriate to assure that the licensee, certificant, or registrant is physically, mentally, morally, and otherwise qualified to practice pharmacy or as a pharmacy technician in accordance with the generally accepted professional standards of practice, including any or all of the following:

(a)

Requiring the licensee, certificant, or registrant to submit to examinations that the board may order to determine the licensee’s or certificant’s physical or mental condition or professional qualifications;

(b)

Requiring the licensee or certificant to take therapy courses of training or education that the board deems necessary to correct deficiencies found either in the hearing or by examinations required pursuant to subsection (3)(a) of this section;

(c)

Requiring the review or supervision of the licensee’s or certificant’s practice to determine the quality of and correct deficiencies in the licensee’s or certificant’s practice; and

(d)

Imposing restrictions upon the nature of the licensee’s or certificant’s practice to assure that the licensee or certificant does not practice beyond the limits of the licensee’s or certificant’s capabilities.

(4)

Upon failure of the licensee, certificant, or registrant to comply with any conditions imposed by the board pursuant to subsection (3) of this section, unless due to conditions beyond the licensee’s, certificant’s, or registrant’s control, the board may order suspension of the license, certification, or registration in this state until the licensee, certificant, or registrant complies with the conditions.

(5)

Intentionally left blank —Ed.

(a)

Except as provided in subsections (5)(b) and (5)(c) of this section, in addition to any other penalty the board may impose pursuant to this section, the board may fine any registrant violating this article 280 or any rules promulgated pursuant to this article 280 not less than five hundred dollars and not more than five thousand dollars for each violation.

(b)

In addition to any other penalty the board may impose pursuant to this section, the board may fine a registrant violating part 4 of this article 280 not less than five hundred dollars and not more than one thousand dollars for the first time the board imposes a fine, not more than two thousand dollars for the second time the board imposes a fine, and not more than five thousand dollars for a third or subsequent time the board imposes a fine. If a registrant violates an agreement to refrain from committing subsequent violations of part 4 of this article 280, the board may impose a fine of not more than one thousand dollars for each violation of the agreement.

(c)

Intentionally left blank —Ed.

(I)

The board, after providing notice and an opportunity to be heard, may fine a registrant who distributes a veterinary drug in violation of this article 280 not less than fifty dollars nor more than five hundred dollars for each violation, with a maximum aggregated fine of five thousand dollars for multiple violations; except that, if, after considering the recommendations of the advisory committee created in section 12-280-106, the board determines that the registrant has committed one or more egregious violations, the board may fine the registrant in accordance with subsection (5)(a) of this section.

(II)

In setting a fine, the board shall consider the registrant’s ability to pay. If the board determines that paying the fine would cause the registrant an undue hardship, the board shall waive the fine.

(6)

The board may send a letter of admonition to a licensee, certificant, or registrant under the circumstances specified in and in accordance with section 12-20-404 (4). In the case of a complaint, the board may send a copy of the letter of admonition to the person making the complaint.

(7)

Intentionally left blank —Ed.

(a)

The board may send a confidential letter of concern to a licensee, certificant, or registrant under the circumstances specified in section 12-20-404 (5). If a complaint precipitated the investigation, the board shall send a response to the person making the complaint.

(b)

A confidential letter of concern is not discipline.

(8)

The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.

Source: Section 12-280-127 — Disciplinary actions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-12.­pdf (accessed Oct. 20, 2023).

12‑280‑101
Public interest - rules 12‑280‑102
Applicability of common provisions 12‑280‑103
Definitions - rules 12‑280‑104
State board of pharmacy - creation - subject to review - repeal of parts 12‑280‑105
Membership of board - removal - compensation - meetings 12‑280‑106
Veterinary pharmaceutical advisory committee - creation - appointments - rules - repeal 12‑280‑107
Rules 12‑280‑108
Powers and duties - rules 12‑280‑109
Drugs, devices, and other materials 12‑280‑110
Publications 12‑280‑111
Malpractice claims information - not public - exception 12‑280‑112
Fees 12‑280‑113
Approval of schools 12‑280‑114
Licensure, certification, or registration - applicability - applications - licensure and certification requirements - rules 12‑280‑115
Exemptions from licensure - hospital residency programs - home renal dialysis - research companies 12‑280‑115.5
Certification of pharmacy technicians - requirements - provisional certification - criminal history record check - rules 12‑280‑116
Expiration and renewal of licenses, certifications, or registrations 12‑280‑117
Continuing education - exceptions - inactive status 12‑280‑117.5
Continuing education for pharmacy technicians - exceptions - inactive status 12‑280‑118
Prescription drug outlet under charge of pharmacist - rules 12‑280‑119
Registration of facilities - rules 12‑280‑120
Compounding - dispensing - sale of drugs and devices - rules - definition 12‑280‑121
Compounding drugs for office use by a veterinarian - rules - definitions 12‑280‑122
Limited authority to delegate activities constituting practice of pharmacy to pharmacy interns or pharmacy technicians 12‑280‑123
Prescription required - exception - dispensing opiate antagonists - selling nonprescription syringes and needles 12‑280‑124
Labeling - rules 12‑280‑125
Substitution of prescribed drugs and biological products authorized - when - conditions 12‑280‑125.3
Pharmacists’ authority - minor prescription adaptions 12‑280‑125.5
Pharmacists’ authority to dispense chronic maintenance drugs - rules - liability 12‑280‑125.7
Pharmacists’ authority to prescribe and dispense HIV prevention drugs - definitions - rules 12‑280‑126
Unprofessional conduct - grounds for discipline 12‑280‑127
Disciplinary actions 12‑280‑128
Judicial review 12‑280‑129
Unlawful acts - civil fines 12‑280‑130
Unauthorized practice - penalties 12‑280‑131
New drugs - when sales permissible 12‑280‑132
Advertising of prescription drug prices 12‑280‑133
Nonresident prescription drug outlet - registration 12‑280‑133.5
Nonresident 503B outsourcing facility - registration - requirements - denial, revocation, or suspension - rules 12‑280‑133.7
Third-party logistics providers - registration - denial, revocation, or suspension - rules 12‑280‑134
Records 12‑280‑135
Unused medication - licensed facilities - correctional facilities - reuse - definitions - rules 12‑280‑136
Confidential agreement to limit practice 12‑280‑137
Investigations of suspicious drugs 12‑280‑138
Patient counseling - pharmacists required to perform - patient may decline - rules 12‑280‑139
Insulin affordability program - record keeping - reimbursement - definitions 12‑280‑140
Emergency prescription insulin supply - eligibility - record keeping 12‑280‑141
Prescription drugs - automated pharmacy dispensing system - rules - definition 12‑280‑142
Epinephrine auto-injector affordability program - record keeping - reimbursement - definitions 12‑280‑201
Legislative declaration 12‑280‑202
Definitions 12‑280‑203
Pharmacy peer health assistance fund - rules 12‑280‑204
Eligibility - participants 12‑280‑205
Liability 12‑280‑206
Immunity 12‑280‑301
Definitions 12‑280‑303
Wholesaler registration requirements - rules 12‑280‑304
Record check 12‑280‑305
Restrictions on transactions 12‑280‑306
Records - pedigree - compliance with DQSA 12‑280‑307
Penalty 12‑280‑308
Manufacturer, agent, representative, or employee - drug cost information - required - definitions 12‑280‑401
Legislative declaration 12‑280‑402
Definitions 12‑280‑403
Prescription drug use monitoring program - registration required - applications - rules - appropriation - repeal 12‑280‑404
Program operation - access - rules - definitions 12‑280‑405
Prescription drug monitoring fund - creation - fee 12‑280‑406
Violations - penalties 12‑280‑407
Prescription drug outlets - prescribers - responsibilities - liability 12‑280‑408
Exemption - waiver 12‑280‑409
Examination and analysis of prescription drug monitoring program - recommendations to executive director 12‑280‑501
Written guidelines and procedures for making therapeutic interchange and therapeutically equivalent selections 12‑280‑502
Therapeutic interchange and therapeutically equivalent selections for nursing care facility or long-term acute care hospital patients - rules 12‑280‑601
Definitions 12‑280‑602
Collaborative pharmacy practice agreements - pharmacist requirements 12‑280‑603
Rules
Green check means up to date. Up to date

Current through Fall 2024

§ 12-280-127’s source at colorado​.gov