(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:
(a) Is guilty of misrepresentation, fraud, or deceit in procuring, attempting to
procure, or renewing a license, certification, or registration;
(b) Is guilty of the commission of a felony or has had accepted by a court a
plea of guilty or nolo contendere to a felony or has received a deferred judgment
and sentence for a felony;
(c) Has violated:
(I) Any of the provisions of this article 280, including commission of an act
declared unlawful in section 12-280-129, or an applicable provision of article 20 or
30 of this title 12;
(II) The lawful rules of the board; or
(III) Any state or federal law pertaining to drugs;
(d) Is unfit or incompetent by reason of negligence or habits, or for any other
cause, to practice pharmacy or to practice as a pharmacy technician;
(e) Engages in the habitual or excessive use or abuse of alcohol, a habit-forming drug, or a controlled substance, as defined in section 18-18-102 (5);
(f) Knowingly permits a person not:
(I) Licensed as a pharmacist or pharmacy intern to engage in the practice of
pharmacy; or
(II) Certified as a pharmacy technician to engage in the practice as a
pharmacy technician;
(g) Has had a license to practice pharmacy or a certification or other
authorization to practice 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;
(h) Has engaged in advertising that is misleading, deceptive, or false;
(i) Has dispensed a schedule III, IV, or V controlled substance order as listed
in sections 18-18-205 to 18-18-207 more than six months after the date of issue of
the order;
(j) Has engaged in the practice of pharmacy or the practice as a pharmacy
technician while on inactive status;
(k) Has failed to meet generally accepted standards of pharmacy or
pharmacy technician practice;
(l) Fails or has failed to permit the board or its agents to conduct a lawful
inspection;
(m) Has violated any lawful board order;
(n) Has committed any fraudulent insurance act as defined in section 10-1-128;
(o) Has willfully deceived or attempted to deceive the board or its agents
with regard to any matter under investigation by the board;
(p) Has failed to notify the board of any criminal conviction or deferred
judgment within thirty days after the conviction or judgment;
(q) Has failed to notify the board of any discipline, within thirty days after the
discipline, against:
(I) A license in another state; or
(II) 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;
(II) 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
(III) Has failed to comply with the limitations agreed to under a confidential
agreement entered 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;
(t) Has failed to notify the board, in writing and within thirty days after a
judgment or settlement is entered, of a final judgment by a court of competent
jurisdiction against the licensee or registrant for malpractice in the practice of
pharmacy or a settlement by the licensee in response to charges or allegations of
malpractice in the practice of pharmacy and, in the case of a judgment, has failed to
include in the notice the name of the court, the case number, and the names of all
parties to the action;
(u) Has operated an automated pharmacy dispensing system or otherwise
dispensed a drug from such system unless the system has been registered with the
board by the operating prescription drug outlet.
(2) In considering the conviction of a crime, the board is governed by
sections 12-20-202 (5) and 24-5-101.