(1) (a) (I) The board is composed of five licensed pharmacists, each having at least five years' experience in this state and actively engaged in the practice of pharmacy in this state, and two nonpharmacists who have no financial interest in the practice of pharmacy.
(II) Of the licensed pharmacist members of the board, one must be engaged in practice in a hospital setting, one must be engaged in practice in a chain pharmacy, and one must be engaged in practice in an independent pharmacy.
(b) (I) The governor shall make all appointments to the board in accordance with this section.
(II) Repealed.
(c) For purposes of achieving a balance in the membership on the board, the governor shall consider:
(I) Whether the appointee's home is in:
(A) An urban or rural location; and
(B) An area already represented geographically by another appointee on the board; and
(II) The type of practice of the appointee so that various types of practices are represented on the board and so that the licensed pharmacist members of the board satisfy the requirements of subsection (1)(a)(II) of this section.
(d) (I) The term of office of each member is four years.
(II) In the case of an appointment to fill a vacancy, the appointee shall complete the unexpired term of the former board member.
(III) No member of the board may serve more than two consecutive full terms.
(e) No more than four members of the board shall be members of the same major political party.
(f) The governor shall appoint the pharmacist members in a manner to ensure that the term of one member expires July 1 of each year.
(2) The governor may remove any board member for misconduct, incompetence, or neglect of duty.
(3) Each member of the board shall receive the compensation provided for in section 12-20-103 (6).
(4) The board shall hold meetings at least once every four months at the times and places fixed by the board. At one meeting, the board shall elect a president and a vice-president. A majority of the members of the board constitutes a quorum for the conduct of business, and, except as otherwise provided in this part 1, all actions of the board must be by a majority of a quorum. The board shall give full and timely notice of all meetings of the board pursuant to any requirements of state laws. All board meetings and hearings are open to the public; except that the board may conduct any portion of its meetings in executive session closed to the public, as may be permitted by law.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1445, � 1, effective October 1. L. 2021: (1)(a), (1)(b), and (1)(c)(II) amended, (SB 21-094), ch. 314, p. 1928, � 4, effective June 24.
Editor's note: (1) This section is similar to former � 12-42.5-104 as it existed prior to 2019.
(2) Subection (1)(b)(II)(B) provided for the repeal of subsection (1)(b)(II), effective December 31, 2022. (See L. 2021, p. 1928.)
12-280-106. Veterinary pharmaceutical advisory committee - creation - appointments - rules - repeal. (1) (a) (I) There is created in the department the veterinary pharmaceutical advisory committee comprised of three members, each appointed by the state veterinarian who serves under the commissioner of agriculture pursuant to section 35-50-104 as follows:
(A) One member who is a licensed veterinarian who predominantly works on large animals, having at least five years' experience in this state, in good standing, and actively engaged in the practice of veterinary medicine;
(B) One member who is either a wholesaler registered pursuant to part 3 of this article 280 engaged in the distribution of animal drugs, having at least five years' experience in this state, in good standing, and actively engaged in the practice of wholesale pharmacy or a licensed veterinarian, having at least five years' experience in this state, in good standing, and actively engaged in the practice of veterinary medicine, but who is not both a wholesaler and a veterinarian; and
(C) One member who has a background in agriculture and who is not a pharmacist, pharmaceutical wholesaler, or veterinarian.
(II) The state veterinarian shall choose a person who does not do business along the front range for at least one of the professional appointments on the advisory committee.
(b) The members of the advisory committee serve three-year terms; except that the state veterinarian shall appoint one of the initial members of the advisory committee for a two-year term. If there is a vacancy on the advisory committee, the state veterinarian shall appoint a successor to fill the unexpired portion of the member's term.
(c) (I) The advisory committee shall elect a member to serve as chair of the advisory committee. The advisory committee shall meet as required by the board in accordance with subsection (2) of this section.
(II) Members of the advisory committee serve without compensation or reimbursement of expenses.
(III) A member of the advisory committee shall not perform an official act that:
(A) May provide a direct economic benefit to a business or other undertaking in which the member has a direct or substantial financial interest; or
(B) Involves a person with whom the member has engaged in a substantial number of business transactions.
(d) The department shall provide staff assistance to the advisory committee.
(2) (a) Unless a matter presented to the board constitutes an emergency requiring prompt resolution, the board shall refer the following matters that concern veterinary pharmaceuticals to the advisory committee for a recommendation on how the board should proceed on the matter:
(I) Whether and to what extent action, if any, should be taken on an investigation into or complaint of an alleged violation of this article 280, including whether to:
(A) Suspend or revoke a license or registration;
(B) Impose a fine against a licensee or registrant, whether the violation is egregious, and the amount of any fine recommended;
(C) Seek a restraining order or injunction in civil court against a person; or
(D) Pursue other disciplinary action against a licensee, registrant, or other person;
(II) Review of license and registration applications and renewal, reactivation, and reinstatement applications; and
(III) Promulgation of rules.
(b) Upon being referred a matter by the board, the advisory committee shall meet, in person or by teleconference, as soon as practicable to review the matter. The board shall share all documents, recordings, and other materials that are relevant to the matter with the advisory committee for the advisory committee's review of the matter. The advisory committee shall treat all shared materials as confidential. The advisory committee shall provide the board a written recommendation on how the board should proceed on the matter referred, setting forth its findings and conclusions. At the advisory committee's discretion, the advisory committee may also present its recommendations to the board in person or by teleconference.
(c) The board shall adopt the advisory committee's recommendation on a referred matter unless the board determines that there exists material and substantial evidence or information related to the matter that warrants a resolution of the matter that is distinct from the advisory committee's recommendation.
(3) The board, in consultation with the state veterinarian, may promulgate rules to implement this section.
(4) This section is repealed, effective September 1, 2026. Before the repeal, the advisory committee is scheduled for review in accordance with section 2-3-1203.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1446, � 1, effective October 1; L. 2021: (1)(a)(I)(B) and (2)(c) amended, (SB 21-094), ch. 314, p. 1929, � 5, effective September 1.
Editor's note: This section is similar to former � 12-42.5-104.5 as it existed prior to 2019.