(1) This article 280 applies to all persons in this state engaged in the practice of pharmacy and to all outlets in this state engaged in the manufacture, dispensing, production, sale, and distribution of drugs, devices, and other materials used in the treatment of injury, illness, and disease.
(2) (a) Every applicant for a license or certification under this article 280 must read and write the English language, or if the applicant is a partnership, each member of the partnership must read and write the English language. If the applicant is a Colorado corporation, the corporation must be in good standing, and if the applicant is a foreign corporation, it must be qualified to do business in this state.
(b) The board shall issue the appropriate registration to each manufacturer and wholesaler that meets the requirements of this article 280 unless the board determines that the issuance of the registration would be inconsistent with the public interest. In determining the public interest, the board shall consider the following factors:
Maintenance of effective controls against diversion of controlled substances into illegitimate medical, scientific, or industrial channels;
Compliance with applicable state and local laws;
Any conviction of the applicant under any federal or state law relating to a controlled substance;
Past experience in the manufacture or distribution of controlled substances and theexistence in the applicant's establishment of effective controls against diversion;
Any false or fraudulent information in an application filed under this part 1;
Suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense a controlled substance as authorized by federal law; and
Any other factors relevant to and consistent with the public peace, health, andsafety.
(c) The board shall issue a certification to an applicant to practice as a pharmacy technician who satisfies the requirements of this article 280, this section, and section 12-280115.5.
Every applicant for a license, certification, or registration under this article 280 shallmake written application in the manner and form prescribed by the board, setting forth the applicant's name and address, the applicant's qualifications for the license, certification, or registration, and other information required by the board. The applicant shall submit with the application the required fee, and, if the applicant is required to take an examination, the applicant shall appear for examination at the time and place fixed by the board.
(a) (I) An applicant who has graduated from a school or college of pharmacy approved by the board may take an examination before the board.
The examination must be designed fairly to test the applicant's knowledge of pharmacy and other related subjects and must be in a form approved by the board. The examination cannot be administered orally.
An applicant for licensure by examination shall have completed an internship asprescribed by the board.
(b) A person who produces evidence satisfactory to the board that the person has graduated and obtained a degree from a school of pharmacy outside the United States and has passed a foreign graduate equivalency test given or approved by the board may apply to take the examination set forth in subsection (4)(a) of this section.
Every applicant for licensure as a pharmacist, whether by examination, transfer oflicense, reactivation, or reinstatement, shall take a jurisprudence examination approved by the board that tests the applicant's knowledge of the laws of this state.
No applicant shall exercise the privileges of licensure, certification, or registrationuntil the board grants the license, certification, or registration.
The board may require any applicant for licensure or certification to display writtenor oral competency in English. The board may utilize a standardized test to determine language proficiency.
A person licensed by examination and in good standing in another state may applyfor a license transfer pursuant to the occupational credential portability program.
The board shall adopt rules as necessary to ensure that any person who manufacturesdrugs and any wholesaler of drugs possesses the minimum qualifications required for wholesale drug distributors pursuant to the federal "Prescription Drug Marketing Act of 1987", 21 U.S.C. sec. 353, as amended.
Issuance of a license or registration under this section and section 12-280-119 doesnot entitle a licensee or registered facility or outlet to wholesale, manufacture, distribute, dispense, or professionally use controlled substances beyond the scope of the licensee's or registrant's federal registration.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1453, § 1, effective October 1; (2)(a), (3), (6), and (7) amended and (2)(c) added, (HB 19-1242), ch. 434, p. 3749, § 5, effective October 1. L. 2020: (8) amended, (HB 20-1326), ch. 126, p. 545, § 39, effective June 25.
Editor's note: (1) This section is similar to former § 12-42.5-112 as it existed prior to 2019.
(2) Section 47(1)(b) of chapter 126 (HB 20-1326), Session Laws of Colorado 2020, provides that the act changing this section applies to conduct occurring on or after June 25, 2020.
Cross references: For the short title ("Red Tape Reduction Act") and the legislative declaration in HB 20-1326, see sections 1 and 2 of chapter 126, Session Laws of Colorado 2020.