(1) The board shall:
(a) (I) Inspect, or direct inspectors who are licensed pharmacists to inspect,
all outlets and investigate violations of this article 280.
(II) The board's authority under this subsection (1)(a) to inspect all outlets
includes the authority, after conducting a risk-based assessment, as defined by the
board by rule, to inspect an out-of-state pharmacy, a nonresident 503B outsourcing
facility, or an out-of-state wholesaler.
(b) Prescribe forms and receive applications for licensure, certification, and
registration and grant, renew, reactivate, and reinstate licenses, certifications, and
registrations;
(c) Deny, suspend, or revoke licenses, certifications, or registrations;
(d) Apply to the courts for and obtain restraining orders and injunctions in
accordance with section 12-20-406 to enjoin violations of the laws that the board is
empowered to enforce;
(e) Administer examinations to, and determine the qualifications and fitness
of, applicants for licensure, certification, or registration;
(f) Keep a record of:
(I) All licenses, certifications, registrations, and license, certification, and
registration renewals, reactivations, and reinstatements for a reasonable period;
(II) All suspensions, revocations, and any other disciplinary actions; and
(III) Its own proceedings;
(g) Collect all fees prescribed by this article 280 and section 12-20-105;
(h) Fine registrants when consistent with the provisions of this article 280
and the rules adopted pursuant to this article 280;
(i) Conduct investigations, hold hearings, and take evidence in all matters
relating to the exercise and performance of the powers and duties of the board in
accordance with section 12-20-403;
(j) Review and approve or reject applications for participation in the
pharmacy peer health assistance 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;
(k) Send a quarterly electronic newsletter to all licensees by email that
details changes in state law, including changes outside of this article 280, that
affect or are pertinent to the practice of pharmacy.
(2) The board has other duties, powers, and authority as may be necessary to
enforce this article 280 and the rules adopted pursuant to this article 280.
(3) The board may:
(a) Adopt a seal to be used only in the manner the board prescribes;
(b) Promulgate rules governing the compounding of pharmaceutical
products, which rules must address the following:
(I) Training and qualifications;
(II) Quality control;
(III) Internal operating procedures;
(IV) Procurement of compounding materials;
(V) Formulation, documentation, and testing requirements;
(VI) 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:
(A) That the article is, or is suspected of being, adulterated or misbranded;
(B) That the article has been detained or embargoed; and
(C) Warning all persons not to remove or dispose of the article by sale or
otherwise until the 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.
(b) If the board or the court removes the embargo, neither the board nor the
state is liable for damages because of the embargo if the court finds that there was
probable cause for the embargo.
(c) When an agent finds that an article detained or embargoed under
subsection (4)(a) of this 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.
(d) (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.