(1) The department may deny, suspend, or revoke a license issued under this part 2 pursuant to article 4 of title 24, or take other disciplinary action as set forth in subsection (2.5) of this section, at the department's discretion, upon a finding that the licensee:
Has furnished false or fraudulent information in an application filed under this part 2;
Has been convicted of, or has had accepted by a court a plea of guilty or nolo contendere to, a felony under any state or federal law relating to a controlled substance;
Has had his or her federal registration to manufacture, distribute, or dispense a controlled substance suspended or revoked; or
Has violated any provision of this part 2 or the rules of the department or of the stateboard of human services created in section 26-1-107, C.R.S.
(2) The department may limit revocation or suspension of a license to the particular controlled substance that was the basis for revocation or suspension.
(2.5) If the department determines that a licensee has committed an act that would authorize the department to deny, revoke, or suspend a license, the department may, at its discretion, impose other disciplinary actions that may include, but need not be limited to, a fine not to exceed five hundred dollars, probation, or stipulation.
If the department suspends or revokes a license, the department may place all controlled substances owned or possessed by the licensee at the time of the suspension or on the effective date of the revocation order under seal. The department may not dispose of substances under seal until the time for making an appeal has elapsed or until all appeals have been concluded, unless a court orders otherwise or orders the sale of any perishable controlled substances and the deposit of the proceeds with the court. When a revocation order becomes final, all controlled substances may be forfeited to the state.
The department shall promptly notify the bureau and the appropriate professionallicensing agency, if any, of all charges and the final disposition of the charges, and of all forfeitures of a controlled substance.
(a) On or before July 1, 2020, the department shall develop and implement a formal, simple, accurate, and objective system to track and categorize complaints made against a licensee and disciplinary action taken pursuant to this part 2.
(b) (I) The executive director shall notify in writing the health and human services committee of the senate and the public health care and human services committee of the house of representatives, or their successor committees, of the date on which the department has implemented the system described in subsection (5)(a) of this section. (II) This subsection (5)(b) is repealed, effective July 1, 2021.
Source: L. 2012: Entire part added with relocations, (SB 12-1311), ch. 281, p. 1604, § 5, effective July 1. L. 2014: IP(1) amended and (2.5) added, (HB 14-1173), ch. 291, p. 1192, § 3, effective May 31. L. 2019: IP(1) and (1)(c) amended and (5) added, (SB 19-219), ch. 277, p. 2615, § 6, effective August 2.
Editor's note: This section is similar to former § 12-22-308 as it existed prior to 2012.