Colorado § 12-280-126 - Unprofessional conduct - grounds for discipline.

§ 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.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1472, § 1, effective October 1; IP(1), (1)(a), (1)(d), (1)(f), (1)(g), (1)(j), (1)(k), (1)(q), and (1)(r)(II) amended, (HB 19-1242), ch. 434, p. 3753, § 11, effective October 1. L. 2020: (1)(e) amended, (SB 20-007), ch. 286, p. 1412, § 37, effective July 13. L. 2021: (1)(e) amended and (1)(t) added, (SB 21-094), ch. 314, p. 1935, § 16, effective September 1. L. 2023: (1)(u) added, (HB 23-1195), ch. 134, p. 514, § 1, effective August 7.

Editor's note: This section is similar to former § 12-42.5-123 as it existed prior to 2019.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Hearing to revoke or suspend professional license is a disciplinary, not criminal proceeding. Commerce City Drug v. State Bd. of Pharmacy, 32 Colo. App. 216, 511 P.2d 935 (1973).

Administrative and procedural requirements in suspension of pharmacy license were fulfilled where the record discloses that the complaint gave licensee adequate notice of the nature of the charge and the alleged violation, and licensee was given a full hearing and opportunity to defend. Commerce City Drug v. State Bd. of Pharmacy, 32 Colo. App. 216, 511 P.2d 935 (1973).

Effect of merger of pharmacies on suspension proceedings. Where two pharmacies merged and the board had initiated a license suspension proceeding against the nonsurviving pharmacy before the merger, before the board could have taken any action against the license of the surviving pharmacy, a separate and distinct license from the nonsurviving pharmacy, there must have been a violation alleged against the surviving pharmacy, and the board must comply with the pertinent provisions of the drugs and druggist statute pertaining to the procedure for suspension of a pharmacy license. Alcott Pharmacy, Inc. v. State Bd. of Pharmacy, 35 Colo. App. 248, 531 P.2d 987 (1975).

Whether the person named on a drug prescription was or was not a patient of the prescribing physician was not material in action brought by the state board of pharmacy to suspend a pharmacy license on the ground that the licensee had dispensed a different drug or brand of drug in place of the drug or brand ordered or prescribed. Commerce City Drug v. State Bd. of Pharmacy, 32 Colo. App. 216, 511 P.2d 935 (1973).

Order suspending license ambiguous. Order of the board suspending pharmacy license for 14 days, seven days to run concurrent, the remaining seven days to be held in abeyance for three years to commence 60 days after service of the decision, taken as a whole was ambiguous as to when the suspension should take effect. Commerce City Drug v. State Bd. of Pharmacy, 32 Colo. App. 216, 511 P.2d 935 (1973).

Board may consider circumstances surrounding applicant's criminal conduct in determining whether to reinstate license. The applicant's rehabilitation alone does not mandate licensure. Colo. State Bd. of Pharmacy v. Priem, 2012 COA 5, 272 P.3d 1136.