C.R.S. Section 12-280-129
Unlawful acts

  • civil fines

(1)

It is unlawful:

(a)

To practice pharmacy without a license;

(b)

To obtain or dispense or to procure the administration of a drug by fraud, deceit, misrepresentation, or subterfuge, by the forgery or alteration of an order, or by the use of a false name or the giving of a false address;

(c)

To willfully make a false statement in any order, report, application, or record required by this article 280;

(d)

To falsely assume the title of or falsely represent that one is a pharmacist, pharmacy technician, practitioner, or registered outlet;

(e)

To make or utter a false or forged order;

(f)

To affix a false or forged label to a package or receptacle containing drugs;

(g)

To sell, compound, dispense, give, receive, or possess any drug or device unless it was sold, compounded, dispensed, given, or received in accordance with sections 12-280-120 to 12-280-125;

(h)

Except as provided in section 12-280-125, to dispense a different drug or brand of drug in place of the drug or brand ordered or prescribed without the oral or written permission of the practitioner ordering or prescribing the drug;

(i)

To manufacture, process, pack, distribute, sell, dispense, or give a drug, or the container or labeling of the drug, that, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device, or any likeness thereof, of a drug manufacturer, processor, packer, or distributor other than the person who in fact manufactured, processed, packed, or distributed the drug, container, or label and that thereby falsely purports or is represented to be the product of or to have been packed or distributed by the other drug manufacturer, processor, packer, or distributor;

(j)

For an employer or an employer’s agent or employee to coerce a pharmacist to dispense a prescription drug against the professional judgment of the pharmacist;

(k)

For an employer, an employer’s agent or employee, or a pharmacist to use or coerce to be used nonpharmacist personnel in any position or task that would require the nonpharmacist to practice pharmacy or to make a judgmental decision using pharmaceutical knowledge or in violation of the delegatory restrictions enumerated in section 12-280-118 (5);

(l)

To dispense any drug without complying with the labeling, drug identification, and container requirements imposed by law;

(m)

Intentionally left blank —Ed.

(I)

To possess, sell, dispense, give, receive, or administer a drug or device that is adulterated or misbranded within the meaning of the “Colorado Food and Drug Act”, part 4 of article 5 of title 25, or is a counterfeit drug.

(II)

As used in this subsection (1)(m), “counterfeit drug” means a drug, or the container or labeling of a drug, that, without authorization, bears the trademark, trade name, or other identifying mark, imprint, or device or any likeness thereof of a drug manufacturer, processor, packer, or distributor other than the person who in fact manufactured, processed, packed, or distributed the drug and that falsely purports or is represented to be the product of, or to have been packed or distributed by, the drug manufacturer, processor, packer, or distributor whose trademark, trade name, or other identifying mark, imprint, or device or likeness thereof appears on the drug or its container or labeling.

(n)

To practice as a pharmacy technician without a certification.

(2)

Intentionally left blank —Ed.

(a)

In addition to any other penalties that may be imposed under this part 1, a person who engages in an unlawful act under this section may be punished by a civil fine of not less than one thousand dollars and not more than ten thousand dollars for each violation. Fines imposed and paid under this section shall be deposited in the general fund in accordance with section 12-20-404 (6).

(b)

This subsection (2) does not apply to a pharmacy technician.

Source: Section 12-280-129 — Unlawful acts - civil fines, 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

§ 12-280-129’s source at colorado​.gov