(1) The board shall:
Inspect, or direct inspectors who are licensed pharmacists to inspect, all outlets andinvestigate violations of this article 280;
Prescribe forms and receive applications for licensure, certification, and registrationand grant, renew, reactivate, and reinstate licenses, certifications, and registrations;
Deny, suspend, or revoke licenses, certifications, or registrations;
Apply to the courts for and obtain restraining orders and injunctions in accordancewith section 12-20-406 to enjoin violations of the laws that the board is empowered to enforce;
Administer examinations to, and determine the qualifications and fitness of, applicants for licensure, certification, or registration; (f) Keep a record of:
All licenses, certifications, registrations, and license, certification, and registrationrenewals, reactivations, and reinstatements for a reasonable period;
All suspensions, revocations, and any other disciplinary actions; and
Its own proceedings;
Collect all fees prescribed by this article 280 and section 12-20-105;
Fine registrants when consistent with the provisions of this article 280 and the rulesadopted pursuant to this article 280;
Conduct investigations, hold hearings, and take evidence in all matters relating to theexercise and performance of the powers and duties of the board in accordance with section 1220-403;
Review and approve or reject applications for participation in the pharmacy peer health assistance diversion program pursuant to part 2 of this article 280 and perform any other functions that were performed by the rehabilitation evaluation committee prior to its repeal.
The board has other duties, powers, and authority as may be necessary to enforce thisarticle 280 and the rules adopted pursuant to this article 280.
The board may:
Adopt a seal to be used only in the manner the board prescribes;
Promulgate rules governing the compounding of pharmaceutical products, which rules must address the following:
Training and qualifications;
Quality control;
Internal operating procedures;
Procurement of compounding materials;
Formulation, documentation, and testing requirements;
Equipment standards;(VII) Facility standards; and (VIII) A recall system.
(4) (a) (I) Whenever a duly authorized agent of the board finds or has probable cause to believe that, in any registered outlet, any drug, nonprescription drug, or device is adulterated or misbranded within the meaning of the "Colorado Food and Drug Act", part 4 of article 5 of title 25, the agent shall affix to the article a tag or other appropriate marking giving notice:
That the article is, or is suspected of being, adulterated or misbranded;
That the article has been detained or embargoed; and
Warning all persons not to remove or dispose of the article by sale or otherwise untilthe board, its agent, or the court gives provision for removal or disposal.
(II) No person shall remove or dispose of an embargoed article by sale or otherwise without the permission of the board or its agent or, after summary proceedings have been instituted, without permission from the court.
If the board or the court removes the embargo, neither the board nor the state is liablefor damages because of the embargo if the court finds that there was probable cause for the embargo.
When an agent finds that an article detained or embargoed under subsection (4)(a) ofthis section is adulterated or misbranded, the agent shall petition the judge of the district court in whose jurisdiction the article is detained or embargoed for an order for condemnation of the article. When the agent finds that an article so detained or embargoed is not adulterated or misbranded, he or she shall remove the tag or other marking.
(I) If the court finds that a detained or embargoed article is adulterated or misbranded, except as provided in subsection (4)(d)(II) of this section, the court shall order the article, after entry of the decree, to be destroyed at the expense of the owner of the article under the supervision of the agent. The owner of the article or the owner's agent shall bear all court costs and fees, storage, and other proper expense.
(II) When the owner can correct the adulteration or misbranding by proper labeling or processing of the article, after entry of the decree and after the owner has paid the costs, fees, and expenses and has posted a good and sufficient bond, conditioned that the article be properly labeled or processed, the court may direct, by order, that the article be delivered to the owner for proper labeling or processing under the supervision of an agent. The owner shall pay the expense of the agent's supervision. The bond must be returned to the owner of the article once the board represents to the court that the article is no longer in violation of the embargo and that the owner has paid the expenses of supervision.
(e) It is the duty of the attorney general or the district attorney to whom the board reports any violation of this subsection (4) to institute appropriate proceedings in the proper courts without delay and to prosecute the matter in the manner required by law. Nothing in this subsection (4)(e) requires the board to report violations when the board believes the public interest will be adequately served in the circumstances by a suitable written notice or warning.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1448, §
1, effective October 1; (1)(b), (1)(c), (1)(e), and (1)(f)(I) amended, (HB 19-1242), ch. 434, p. 3749, § 3, effective October 1.
Editor's note: This section is similar to former § 12-42.5-106 as it existed prior to 2019.