(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:
Is guilty of misrepresentation, fraud, or deceit in procuring, attempting to procure, orrenewing a license, certification, or registration;
Is guilty of the commission of a felony or has had accepted by a court a plea of guiltyor nolo contendere to a felony or has received a deferred judgment and sentence for a felony; (c) Has violated:
Any of the provisions of this article 280, including commission of an act declaredunlawful in section 12-280-129, or an applicable provision of article 20 or 30 of this title 12;
The lawful rules of the board; or
Any state or federal law pertaining to drugs;
Is unfit or incompetent by reason of negligence or habits, or for any other cause, topractice pharmacy or to practice as a pharmacy technician;
Has a substance use disorder, as defined in section 27-81-102, or engages in thehabitual or excessive use or abuse of alcohol, a habit-forming drug, or a controlled substance, as defined in section 18-18-102 (5);
Knowingly permits a person not:
Licensed as a pharmacist or pharmacy intern to engage in the practice of pharmacy;or
Certified as a pharmacy technician to engage in the practice as a pharmacy technician;
Has had a license to practice pharmacy or a certification or other authorization topractice 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;
Has engaged in advertising that is misleading, deceptive, or false;
Has dispensed a schedule III, IV, or V controlled substance order as listed in sections18-18-205 to 18-18-207 more than six months after the date of issue of the order;
Has engaged in the practice of pharmacy or the practice as a pharmacy technicianwhile on inactive status;
Has failed to meet generally accepted standards of pharmacy or pharmacy technicianpractice;
Fails or has failed to permit the board or its agents to conduct a lawful inspection;
Has violated any lawful board order;
Has committed any fraudulent insurance act as defined in section 10-1-128;
Has willfully deceived or attempted to deceive the board or its agents with regard toany matter under investigation by the board;
Has failed to notify the board of any criminal conviction or deferred judgment withinthirty days after the conviction or judgment;
Has failed to notify the board of any discipline, within thirty days after the discipline,against:
A license in another state; or
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;
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
Has failed to comply with the limitations agreed to under a confidential agreemententered 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.
(2) In considering the conviction of a crime, the board is governed by sections 12-20-202
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.
Editor's note: This section is similar to former § 12-42.5-123 as it existed prior to 2019.