(1) (a) The board may take disciplinary or
other action as authorized in section 12-20-404 when the board determines that the
applicant, licensee, certificant, or registrant has engaged in activities that are
grounds for discipline under section 12-280-126.
(b) The board may suspend or revoke a registration issued pursuant to
section 12-280-119 (12) upon determination that the person administering a drug or
combination of drugs to an animal has not demonstrated adequate knowledge
required by sections 12-280-119 (12) and 12-280-120 (17).
(2) (a) Proceedings for the denial, suspension, or revocation of a license,
certification, or registration and any judicial review of a suspension or revocation
must be conducted in accordance with article 4 of title 24 and sections 12-20-403
and 12-20-408.
(b) Upon finding that grounds for discipline pursuant to section 12-280-126
exist, in addition to the disciplinary actions specified in section 12-20-404 (1), the
board may impose one or more of the following penalties on a person who holds or
is seeking a new or renewal license, certification, or registration:
(I) Restriction of the offender's license, certification, or registration to
prohibit the offender from performing certain acts or from practicing pharmacy or
as a pharmacy technician in a particular manner for a period to be determined by
the board;
(II) Placement of the offender on probation and supervision by the board for
a period to be determined by the board; or
(III) Suspension of the registration of the outlet that is owned by or employs
the offender for a period to be determined by the board.
(c) The board may limit revocation or suspension of a registration to the
particular controlled substance that was the basis for revocation or suspension.
(d) If the board suspends or revokes a registration, the board may place all
controlled substances owned or possessed by the registrant at the time of the
suspension or on the effective date of the revocation order under seal. The board
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 becomes final, all controlled
substances may be forfeited to the state.
(e) The board shall promptly notify the bureau and the appropriate
professional licensing agency, if any, of all charges and the final disposition of the
charges and of all forfeitures of a controlled substance.
(3) The board may also include in any disciplinary order that allows the
licensee, certificant, or registrant to continue to practice conditions that the board
deems appropriate to assure that the licensee, certificant, or registrant is
physically, mentally, morally, and otherwise qualified to practice pharmacy or as a
pharmacy technician in accordance with the generally accepted professional
standards of practice, including any or all of the following:
(a) Requiring the licensee, certificant, or registrant to submit to
examinations that the board may order to determine the licensee's or certificant's
physical or mental condition or professional qualifications;
(b) Requiring the licensee or certificant to take therapy courses of training or
education that the board deems necessary to correct deficiencies found either in
the hearing or by examinations required pursuant to subsection (3)(a) of this
section;
(c) Requiring the review or supervision of the licensee's or certificant's
practice to determine the quality of and correct deficiencies in the licensee's or
certificant's practice; and
(d) Imposing restrictions upon the nature of the licensee's or certificant's
practice to assure that the licensee or certificant does not practice beyond the
limits of the licensee's or certificant's capabilities.
(4) Upon failure of the licensee, certificant, or registrant to comply with any
conditions imposed by the board pursuant to subsection (3) of this section, unless
due to conditions beyond the licensee's, certificant's, or registrant's control, the
board may order suspension of the license, certification, or registration in this state
until the licensee, certificant, or registrant complies with the conditions.
(5) (a) Except as provided in subsections (5)(b) and (5)(c) of this section, in
addition to any other penalty the board may impose pursuant to this section, the
board may fine any registrant violating this article 280 or any rules promulgated
pursuant to this article 280 not less than five hundred dollars and not more than
five thousand dollars for each violation.
(b) In addition to any other penalty the board may impose pursuant to this
section, the board may fine a registrant violating part 4 of this article 280 not less
than five hundred dollars and not more than one thousand dollars for the first time
the board imposes a fine, not more than two thousand dollars for the second time
the board imposes a fine, and not more than five thousand dollars for a third or
subsequent time the board imposes a fine. If a registrant violates an agreement to
refrain from committing subsequent violations of part 4 of this article 280, the
board may impose a fine of not more than one thousand dollars for each violation of
the agreement.
(c) (I) The board, after providing notice and an opportunity to be heard, may
fine a registrant who distributes a veterinary drug in violation of this article 280 not
less than fifty dollars nor more than five hundred dollars for each violation, with a
maximum aggregated fine of five thousand dollars for multiple violations; except
that, if, after considering the recommendations of the advisory committee created
in section 12-280-106, the board determines that the registrant has committed one
or more egregious violations, the board may fine the registrant in accordance with
subsection (5)(a) of this section.
(II) In setting a fine, the board shall consider the registrant's ability to pay. If
the board determines that paying the fine would cause the registrant an undue
hardship, the board shall waive the fine.
(6) The board may send a letter of admonition to a licensee, certificant, or
registrant under the circumstances specified in and in accordance with section 12-20-404 (4). In the case of a complaint, the board may send a copy of the letter of
admonition to the person making the complaint.
(7) (a) The board may send a confidential letter of concern to a licensee,
certificant, or registrant under the circumstances specified in section 12-20-404 (5).
If a complaint precipitated the investigation, the board shall send a response to the
person making the complaint.
(b) A confidential letter of concern is not discipline.
(8) The board may issue cease-and-desist orders under the circumstances
and in accordance with the procedures specified in section 12-20-405.