2023 Colorado Revised Statutes › Title 12 - PROFESSIONS AND OCCUPATIONS (§§ 12-1-101 — 12-315-310) › HEALTH CARE PROFESSIONS AND OCCUPATIONS (§§ 12-170-101 — 12-315-310) › Article 280 - PHARMACISTS, PHARMACY BUSINESSES, AND PHARMACEUTICALS (§§ 12-280-101 — 12-280-604) › Part 1 - GENERAL PROVISIONS (§§ 12-280-101 — 12-280-143) › Section 12-280-127 - Disciplinary actions

(1)
(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)
(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)
(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)
(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)
(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
.
Amended by 2021 Ch. 314,§ 17, eff. 9/1/2021.
Amended by 2019 Ch. 434,§ 12, eff. 10/1/2019.
Renumbered from C.R.S. §
12-42.5-124
and amended by 2019 Ch. 136,§ 1, eff. 10/1/2019.
Amended by 2016 Ch. 295,§ 3, eff. 7/1/2016.
This section is similar to former § 12-42.5-124 as it existed prior to 2019.