(1)
(a)A prescription drug outlet must be under the direct charge of a pharmacist
manager. A proprietor who is not a pharmacist shall comply with this requirement
and shall provide a manager who is a pharmacist. Nothing in this article 280 or rules
implementing this article 280 shall prohibit the pharmacist manager of a central
pharmacy from simultaneously serving as the pharmacist manager of a
telepharmacy outlet.
(b)The registration of any prescription drug outlet becomes void if the
pharmacist manager in whose name the prescription drug outlet registration was
issued ceases to be engaged as the manager. The owner shall close the
prescription drug outlet unless the owner:
(I)Employs a new pharmacist manager; and
(II)Within thirty days after termination of the former manag
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(1)
(a) A prescription drug outlet must be under the direct charge of a pharmacist
manager. A proprietor who is not a pharmacist shall comply with this requirement
and shall provide a manager who is a pharmacist. Nothing in this article 280 or rules
implementing this article 280 shall prohibit the pharmacist manager of a central
pharmacy from simultaneously serving as the pharmacist manager of a
telepharmacy outlet.
(b) The registration of any prescription drug outlet becomes void if the
pharmacist manager in whose name the prescription drug outlet registration was
issued ceases to be engaged as the manager. The owner shall close the
prescription drug outlet unless the owner:
(I) Employs a new pharmacist manager; and
(II) Within thirty days after termination of the former manager's employment:
(A) Applies to transfer the registration to the new pharmacist manager; and
(B) Pays the registration transfer fee.
(c) At the time the pharmacist manager in whose name the registration was
obtained ceases to be employed as the pharmacist manager, he or she shall
immediately report to the board the fact that he or she is no longer manager of the
prescription drug outlet. The pharmacist manager is responsible as the manager
until the cessation of employment is reported. The proprietor of the prescription
drug outlet shall also notify the board of the termination of managership.
(2) A prescription drug outlet shall not commence business until it applies to
the board for a registration and receives from the board a registration showing the
name of the proprietor and the name of the manager. Upon transfer of the
ownership of a prescription drug outlet, the new proprietor shall submit to the
board an application to transfer the registration of the prescription drug outlet, and,
upon approval of the transfer by the board, the board shall transfer the registration
to the new proprietor. Upon the change of name or location of a prescription drug
outlet, the registrant shall submit an application to change the name or location
and the applicable fee, and, upon approval of the application, the board shall issue
a new registration showing the new name or new location.
(3) (a) A prescription drug outlet operated by the state of Colorado or any
political subdivision of the state is not required to be registered but, in lieu of a
registration, must apply to the board, on a form approved by the board, for a
certificate of compliance. The board shall determine whether the prescription drug
outlet is operated in accordance with the laws of this state and the rules of the
board. If the board determines that the prescription drug outlet is operated in
accordance with state laws and board rules, except for the holding of a prescription
drug outlet registration, the board shall issue a certificate of compliance, which
certificate expires and may be renewed in accordance with section 12-20-202 (1).
Once the board issues the certificate of compliance, the prescription drug outlet
has the rights and privileges of, and is treated in all respects as, a registered
prescription drug outlet. The provisions of this article 280 with respect to the
denial, suspension, or revocation of a prescription drug outlet registration apply to
a certificate of compliance.
(b) An outlet as recognized in section 12-280-119 (1)(d) need not be under the
direct charge of a pharmacist, but a licensed pharmacist shall either initially
interpret all prescription orders compounded or dispensed from the outlet or
provide written protocols for compounding and dispensing by pharmacy
technicians. An outlet qualifying for registration under this subsection (3)(b) may
also apply to the board for a waiver of the requirements concerning physical space,
equipment, inventory, or business hours as necessary and consistent with the
outlet's limited public welfare purpose. In determining the granting or denial of a
waiver application, the board shall ensure that the public interest criteria set forth
in section 12-280-101 are satisfied. All other provisions of this article 280, except as
specifically waived by the board, apply to the outlet.
(c) A telepharmacy outlet is required to have a pharmacist manager. A
telepharmacy outlet is considered to be under the direct charge or control of the
pharmacist manager, or the licensed pharmacist delegate, who provides remote
supervision to the telepharmacy outlet.
(d) A prescription drug outlet that is a rural independent pharmacy need not
be under the direct charge of a pharmacist if the initial interpretation and final
evaluation of the prescription is done by a state-licensed pharmacist in person or
remotely.
(4) Every outlet and every pharmacist and pharmacy intern regularly
practicing shall conspicuously display the registration and license, respectively,
within the premises of the place of practice or outlet.
(5) (a) Except as specified in subsection (5)(b) of this section, the pharmacist
responsible for the prescription order or chart order may delegate the following
tasks to the following individuals if, in the pharmacist's professional judgment, the
delegation is appropriate:
(I) Specific tasks, excluding tasks described in section 12-280-103 (38.5)(a),
to ancillary personnel, other than a pharmacist or pharmacy intern, who are under
the pharmacist's supervision, which tasks may include:
(A) Cashier transactions;
(B) Medication shipping and handling;
(C) Medication transportation;
(D) Record keeping;
(E) Telephone or communication triage; or
(F) Inventory management; or
(II) Specific tasks described in section 12-280-103 (38.5)(a) or in board rules
adopted pursuant to section 12-280-103 (38.5)(a)(IX) to a pharmacy technician who
is under the pharmacist's supervision.
(b) The pharmacist shall not make a delegation described in subsection (5)(a)
of this section if the delegation jeopardizes the public health, safety, or welfare, is
prohibited by rule of the board, or violates section 12-280-129 (1).