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 12-280-126 - Unprofessional conduct - grounds for discipline

(1)
The board may take disciplinary or other action as authorized in section
12-20-404
, after a hearing held in accordance with the provisions of sections
12-20-403
and
12-280-127
, upon proof that the licensee, certificant, or registrant:
(a)
Is guilty of misrepresentation, fraud, or deceit in procuring, attempting to procure, or renewing a license, certification, or registration;
(b)
Is guilty of the commission of a felony or has had accepted by a court a plea of guilty or nolo contendere to a felony or has received a deferred judgment and sentence for a felony;
(c)
Has violated:
(I)
Any of the provisions of this article 280, including commission of an act declared unlawful in section
12-280-129
, or an applicable provision of article 20 or 30 of this title 12;
(II)
The lawful rules of the board; or
(III)
Any state or federal law pertaining to drugs;
(d)
Is unfit or incompetent by reason of negligence or habits, or for any other cause, to practice pharmacy or to practice as a pharmacy technician;
(e)
Engages in the habitual or excessive use or abuse of alcohol, a habit-forming drug, or a controlled substance, as defined in section
18-18-102 (5)
;
(f)
Knowingly permits a person not:
(I)
Licensed as a pharmacist or pharmacy intern to engage in the practice of pharmacy; or
(II)
Certified as a pharmacy technician to engage in the practice as a pharmacy technician;
(g)
Has had a license to practice pharmacy or a certification or other authorization to practice as a pharmacy technician in another state revoked or suspended, or is otherwise disciplined or has committed acts in any other state that would subject the person to disciplinary action in this state;
(h)
Has engaged in advertising that is misleading, deceptive, or false;
(i)
Has dispensed a schedule III, IV, or V controlled substance order as listed in sections
18-18-205
to
18-18-207
more than six months after the date of issue of the order;
(j)
Has engaged in the practice of pharmacy or the practice as a pharmacy technician while on inactive status;
(k)
Has failed to meet generally accepted standards of pharmacy or pharmacy technician practice;
(l)
Fails or has failed to permit the board or its agents to conduct a lawful inspection;
(m)
Has violated any lawful board order;
(n)
Has committed any fraudulent insurance act as defined in section
10-1-128
;
(o)
Has willfully deceived or attempted to deceive the board or its agents with regard to any matter under investigation by the board;
(p)
Has failed to notify the board of any criminal conviction or deferred judgment within thirty days after the conviction or judgment;
(q)
Has failed to notify the board of any discipline, within thirty days after the discipline, against:
(I)
A license in another state; or
(II)
A certification or other authorization in another state to practice as a pharmacy technician;
(r)
(I)
Has failed to notify the board of a physical illness, physical condition, or behavioral, mental health, or substance use disorder that affects the person's ability to treat clients with reasonable skill and safety or that may endanger the health or safety of persons under his or her care;
(II)
Has failed to act within the limitations created by a physical illness, physical condition, or behavioral, mental health, or substance use disorder that renders the person unable to practice pharmacy or as a pharmacy technician with reasonable skill and safety or that may endanger the health or safety of persons under his or her care; or
(III)
Has failed to comply with the limitations agreed to under a confidential agreement entered pursuant to sections
12-30-108
and
12-280-136
;
(s)
Has had his or her federal registration to manufacture, distribute, or dispense a controlled substance suspended or revoked;
(t)
Has failed to notify the board, in writing and within thirty days after a judgment or settlement is entered, of a final judgment by a court of competent jurisdiction against the licensee or registrant for malpractice in the practice of pharmacy or a settlement by the licensee in response to charges or allegations of malpractice in the practice of pharmacy and, in the case of a judgment, has failed to include in the notice the name of the court, the case number, and the names of all parties to the action;
(u)
Has operated an automated pharmacy dispensing system or otherwise dispensed a drug from such system unless the system has been registered with the board by the operating prescription drug outlet.
(2)
In considering the conviction of a crime, the board is governed by sections
12-20-202 (5)
and
24-5-101
.
Amended by 2023 Ch. 134,§ 1, eff. 8/7/2023.
Amended by 2021 Ch. 314, § 16, eff. 9/1/2021.
Amended by 2020 Ch. 286, § 37, eff. 7/13/2020.
Amended by 2019 Ch. 434, § 11, eff. 10/1/2019.
Renumbered from C.R.S. §
12-42.5-123
and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.
Amended by 2017 Ch. 263, § 82, eff. 5/25/2017.
Amended by 2015 Ch. 78, § 7, eff. 4/3/2015.
Amended by 2013 Ch. 178, § 5, eff. 5/10/2013.
This section is similar to former § 12-42.5-123 as it existed prior to 2019.
2023 Ch. 134, was passed without a safety clause. See Colo. Const. art. V, § 1(3).