§ 12-280-129 — Unlawful acts - civil fines

Colorado § 12-280-129

• Jurisdiction: Colorado
• Title 12: Professions
• Art.: Pharmacists, Pharmacy Businesses,

Text

(1) It is unlawful:

(a) To practice pharmacy without a license;

(b) To obtain or dispense or to procure the administration of a drug by fraud,
deceit, misrepresentation, or subterfuge, by the forgery or alteration of an order, or
by the use of a false name or the giving of a false address;

(c) To willfully make a false statement in any order, report, application, or
record required by this article 280;

(d) To falsely assume the title of or falsely represent that one is a
pharmacist, pharmacy technician, practitioner, or registered outlet;

(e) To make or utter a false or forged order;

(f) To affix a false or forged label to a package or receptacle containing
drugs;

(g) To sell, compound, dispense, give, receive, or possess any drug or device
unless it was sold, compounded, dispensed, given, or received in accordance with
sections 12-280-120 to 12-280-125;

(h) Except as provided in section 12-280-125, to dispense a different drug or
brand of drug in place of the drug or brand ordered or prescribed without the oral or
written permission of the practitioner ordering or prescribing the drug;

(i) To manufacture, process, pack, distribute, sell, dispense, or give a drug, or
the container or labeling of the drug, that, without authorization, bears the
trademark, trade name, or other identifying mark, imprint, or device, or any likeness
thereof, of a drug manufacturer, processor, packer, or distributor other than the
person who in fact manufactured, processed, packed, or distributed the drug,
container, or label and that thereby falsely purports or is represented to be the
product of or to have been packed or distributed by the other drug manufacturer,
processor, packer, or distributor;

(j) For an employer or an employer's agent or employee to coerce a
pharmacist to dispense a prescription drug against the professional judgment of
the pharmacist;

(k) For an employer, an employer's agent or employee, or a pharmacist to use
or coerce to be used nonpharmacist personnel in any position or task that would
require the nonpharmacist to practice pharmacy or to make a judgmental decision
using pharmaceutical knowledge or in violation of the delegatory restrictions
enumerated in section 12-280-118 (5);

(l) To dispense any drug without complying with the labeling, drug
identification, and container requirements imposed by law;

(m) (I) To possess, sell, dispense, give, receive, or administer a drug or device
that is adulterated or misbranded within the meaning of the Colorado Food and
Drug Act, part 4 of article 5 of title 25, or is a counterfeit drug.

(II) As used in this subsection (1)(m), counterfeit drug means a drug, or the
container or labeling of a drug, that, without authorization, bears the trademark,
trade name, or other identifying mark, imprint, or device or any likeness thereof of a
drug manufacturer, processor, packer, or distributor other than the person who in
fact manufactured, processed, packed, or distributed the drug and that falsely
purports or is represented to be the product of, or to have been packed or
distributed by, the drug manufacturer, processor, packer, or distributor whose
trademark, trade name, or other identifying mark, imprint, or device or likeness
thereof appears on the drug or its container or labeling.

(n) To practice as a pharmacy technician without a certification.

(2) (a) In addition to any other penalties that may be imposed under this part
1, a person who engages in an unlawful act under this section may be punished by a
civil fine of not less than one thousand dollars and not more than ten thousand
dollars for each violation. Fines imposed and paid under this section shall be
deposited in the general fund in accordance with section 12-20-404 (6).

(b) This subsection (2) does not apply to a pharmacy technician.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1478, � 1, effective October 1; (1)(d) and (2) amended and (1)(n) added, (HB 19-1242), ch. 434, p. 3756, � 13, effective October 1.