(1) (a) (I) There is created in the department the veterinary pharmaceutical advisory committee comprised of three members, each appointed by the state veterinarian who serves under the commissioner of agriculture pursuant to section 35-50-104 as follows:
One member who is a licensed veterinarian who predominantly works on large animals, having at least five years' experience in this state, in good standing, and actively engaged in the practice of veterinary medicine;
One member who is either a licensed pharmaceutical wholesaler engaged in the distribution of animal drugs, having at least five years' experience in this state, in good standing, and actively engaged in the practice of wholesale pharmacy or a licensed veterinarian, having at least five years' experience in this state, in good standing, and actively engaged in the practice of veterinary medicine, but who is not both a pharmaceutical wholesaler and a veterinarian; and
One member who has a background in agriculture and who is not a pharmacist,pharmaceutical wholesaler, or veterinarian.
(II) The state veterinarian shall choose a person who does not do business along the front range for at least one of the professional appointments on the advisory committee.
The members of the advisory committee serve three-year terms; except that the stateveterinarian shall appoint one of the initial members of the advisory committee for a two-year term. If there is a vacancy on the advisory committee, the state veterinarian shall appoint a successor to fill the unexpired portion of the member's term.
(I) The advisory committee shall elect a member to serve as chair of the advisorycommittee. The advisory committee shall meet as required by the board in accordance with subsection (2) of this section.
Members of the advisory committee serve without compensation or reimbursementof expenses.
A member of the advisory committee shall not perform an official act that:
May provide a direct economic benefit to a business or other undertaking in whichthe member has a direct or substantial financial interest; or
Involves a person with whom the member has engaged in a substantial number ofbusiness transactions.
(d) The department shall provide staff assistance to the advisory committee.
(2) (a) Unless a matter presented to the board constitutes an emergency requiring prompt resolution, the board shall refer the following matters that concern veterinary pharmaceuticals to the advisory committee for a recommendation on how the board should proceed on the matter:
(I) Whether and to what extent action, if any, should be taken on an investigation into or complaint of an alleged violation of this article 280, including whether to:
Suspend or revoke a license or registration;
Impose a fine against a licensee or registrant, whether the violation is egregious, andthe amount of any fine recommended;
Seek a restraining order or injunction in civil court against a person; or
Pursue other disciplinary action against a licensee, registrant, or other person;
Review of license and registration applications and renewal, reactivation, and reinstatement applications; and
Promulgation of rules.
Upon being referred a matter by the board, the advisory committee shall meet, inperson or by teleconference, as soon as practicable to review the matter. The board shall share all documents, recordings, and other materials that are relevant to the matter with the advisory committee for the advisory committee's review of the matter. The advisory committee shall treat all shared materials as confidential. The advisory committee shall provide the board a written recommendation on how the board should proceed on the matter referred, setting forth its findings and conclusions. At the advisory committee's discretion, the advisory committee may also present its recommendations to the board in person or by teleconference.
The board shall adopt the advisory committee's recommendation on a referred matterunless the board determines that there exists material and substantial evidence or information related to the matter that warrants a resolution of the matter that is distinct from the advisory committee's recommendation. If the board deviates from the advisory committee's recommendation, the board shall make a record of the reasons for the deviation.
The board, in consultation with the state veterinarian, may promulgate rules to implement this section.
This section is repealed, effective September 1, 2026. Before the repeal, the advisorycommittee is scheduled for review in accordance with section 2-3-1203.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1446, § 1, effective October 1.
Editor's note: This section is similar to former § 12-42.5-104.5 as it existed prior to 2019.