Title 12, Professions and Occupations
0 chapters · 1,262 sections in this title.
Colo. Rev. Stat. § 12-280-101 Public interest - rules
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The practice of pharmacy is a professional practice affecting the public health, safety, and welfare and is subject to regulation and control in the public interest. It is a matter of public interest and concern that the practice of pharmacy, as defined in this article 280, merit…
Colo. Rev. Stat. § 12-280-102 Applicability of common provisions
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Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 280. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1435, � 1, effective October 1.
Colo. Rev. Stat. § 12-280-103 Definitions - rules
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As used in this article 280, unless the context otherwise requires or the term is otherwise defined in another part of this article 280: (1) Administer means the direct application of a drug to the body of a patient or research subject by injection, inhalation, ingestion, or any …
Colo. Rev. Stat. § 12-280-104 State board of pharmacy - creation - subject to review - repeal of parts
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(1) The responsibility for enforcement of this article 280 is vested in the state board of pharmacy, which is hereby created. The board has all of the duties, powers, and authority specifically granted by and necessary to the enforcement of this article 280, as well as other duti…
Colo. Rev. Stat. § 12-280-105 Membership of board - removal - compensation - meetings
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(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…
Colo. Rev. Stat. § 12-280-106 Veterinary pharmaceutical advisory committee - creation - appointments - rules - repeal
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(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 …
Colo. Rev. Stat. § 12-280-107 Rules
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(1) The board shall make, adopt, amend, or repeal rules in accordance with article 4 of title 24 and section 12-20-204 that the board deems necessary for the proper administration and enforcement of the responsibilities and duties delegated to the board by this article 280, inclu…
Colo. Rev. Stat. § 12-280-108 Powers and duties - rules
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(1) The board shall: (a) (I) Inspect, or direct inspectors who are licensed pharmacists to inspect, all outlets and investigate violations of this article 280. (II) The board's authority under this subsection (1)(a) to inspect all outlets includes the authority, after conducting …
Colo. Rev. Stat. § 12-280-109 Drugs, devices, and other materials
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(1) The board is responsible for the control and regulation of drugs, including the following: (a) The regulation of the sale at retail and the dispensing of drugs; (b) The specification of minimum professional and technical equipment, environment, supplies, and procedures for th…
Colo. Rev. Stat. § 12-280-110 Publications
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The board shall issue its publications that are circulated in quantity outside the executive branch in accordance with section 24-1-136. The board shall circulate its publications to all registered prescription drug outlets that will be directly affected by the publications. Sour…
Colo. Rev. Stat. § 12-280-111 Malpractice claims information - not public - exception
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Information relating to each malpractice claim provided by insurance companies or self-insured pharmacists or pharmacies pursuant to section 10-1-125.3 is exempt from the provisions of any law requiring that the proceedings of the board be conducted publicly or that the minutes o…
Colo. Rev. Stat. § 12-280-112 Fees
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(1) The director shall determine, and the board shall collect, fees pursuant to section 12-20-105 for the following licenses, certifications, and registrations: (a) For certifying to another state the grades of a person who has taken the pharmacist examination in this state; (b) …
Colo. Rev. Stat. § 12-280-113 Approval of schools
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(1) A school or college of pharmacy that is approved by the board as a school or college of pharmacy from which graduation is required in order for the graduate of the school or college of pharmacy to apply for a license as a pharmacist must meet the requirements set forth by the…
Colo. Rev. Stat. § 12-280-114 Licensure, certification, or registration - applicability - applications - licensure and certification requirements - rules
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(1) This article 280 applies to all persons in this state engaged in the practice of pharmacy and to all outlets in this state engaged in the manufacture, dispensing, production, sale, and distribution of drugs, devices, and other materials used in the treatment of injury, illnes…
Colo. Rev. Stat. § 12-280-115 Exemptions from licensure - hospital residency programs - home renal dialysis - research companies
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(1) The board is authorized to approve hospital residency programs in the practice of pharmacy. Persons accepted into an approved hospital residency program who are licensed to practice pharmacy in another state are exempt from the licensing requirements of this article 280 so lo…
Colo. Rev. Stat. § 12-280-115.5 Certification of pharmacy technicians - requirements - provisional certification - criminal history record check - rules
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(1) On or after March 30, 2020, a person shall not engage in the practice as a pharmacy technician unless the person has obtained a certification or provisional certification from the board in accordance with this section. (2) In addition to any other requirements specified in se…
Colo. Rev. Stat. § 12-280-116 Expiration and renewal of licenses, certifications, or registrations
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(1) All licenses, certifications, and registrations issued pursuant to this article 280, except provisional certifications issued pursuant to section 12-280-115.5 (3), are subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20…
Colo. Rev. Stat. § 12-280-117 Continuing education - exceptions - inactive status
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(1) Except as permitted in subsections (2) and (3) of this section, the board shall not renew, reinstate, or reactivate the license of any pharmacist until the pharmacist presents evidence that he or she has completed twenty-four hours of approved continuing pharmaceutical educat…
Colo. Rev. Stat. § 12-280-117.5 Continuing education for pharmacy technicians - exceptions - inactive status
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(1) The board shall not renew, reinstate, or reactivate the certification of a pharmacy technician that was issued pursuant to section 12-280-115.5 (2) until the pharmacy technician presents evidence that the pharmacy technician maintains active certification with a certifying or…
Colo. Rev. Stat. § 12-280-118 Prescription drug outlet under charge of pharmacist - rules
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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 …
Colo. Rev. Stat. § 12-280-119 Registration of facilities - rules
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(1) All outlets with facilities in this state shall register with the board in one of the following classifications: (a) Prescription drug outlet; (b) Wholesale drug outlet; (c) Manufacturing drug outlet; (d) Any other outlet, as may be authorized by this article 280 or that meet…
Colo. Rev. Stat. § 12-280-120 Compounding - dispensing - sale of drugs and devices - rules - definition
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(1) Except as otherwise provided in this section or part 2 of article 80 of title 27, no drug, controlled substance, or device shall be sold, compounded, dispensed, given, received, or held in possession unless it is sold, compounded, dispensed, given, or received in accordance w…
Colo. Rev. Stat. § 12-280-121 Compounding drugs for office use by a veterinarian - rules - definitions
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(1) A registered prescription drug outlet may compound and distribute a drug to a licensed veterinarian so that the veterinarian may maintain the drug as part of the veterinarian’s office stock. (2) (a) A veterinarian may dispense a compounded drug maintained as part of the veter…
Colo. Rev. Stat. § 12-280-122 Limited authority to delegate activities constituting practice of pharmacy to pharmacy interns or pharmacy technicians - definition
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(1) A pharmacist may supervise up to six persons who are either pharmacy interns or pharmacy technicians, of whom no more than two may be pharmacy interns. If three or more pharmacy technicians are on duty, the majority must be fully certified by the board in accordance with sect…
Colo. Rev. Stat. § 12-280-123 Prescription required - exception - dispensing opioid antagonists - selling nonprescription syringes and needles
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(1) (a) Except as provided in sections 12-280-125.5 and 18-18-414 and subsections (2) and (3) of this section, an order is required prior to dispensing any prescription drug. Orders shall be readily retrievable within the appropriate statute of limitations. (b) A pharmacist who r…
Colo. Rev. Stat. § 12-280-124 Labeling - rules - definitions
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(1) A prescription drug dispensed pursuant to an order must be labeled as follows: (a) Drugs compounded and dispensed pursuant to a chart order for a patient in a hospital must bear a label containing the name of the outlet, the name and location of the patient, the identificatio…
Colo. Rev. Stat. § 12-280-125 Substitution of prescribed drugs and biological products authorized - when - conditions
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(1) (a) A pharmacist filling a prescription order for a specific drug by brand or proprietary name may substitute an equivalent drug product if the substituted drug product is the same generic drug type and, in the pharmacist’s professional judgment, the substituted drug product …
Colo. Rev. Stat. § 12-280-125.3 Pharmacists' authority - minor prescription adaptions
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(1) Except as provided in subsection (3) of this section, a pharmacist who is acting in good faith and is using professional judgment and exercising reasonable care may make the following minor adaptions to an order if the pharmacist has the informed consent of the patient for wh…
Colo. Rev. Stat. § 12-280-125.5 Pharmacists’ authority to dispense chronic maintenance drugs - rules - liability
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(1) In accordance with board rules adopted under subsection (2) of this section, on and after January 1, 2020, a pharmacist may dispense an emergency supply of a chronic maintenance drug to a patient without a current, valid prescription if: (a) The pharmacist makes every reasona…
Colo. Rev. Stat. § 12-280-125.7 Pharmacists’ authority to prescribe and dispense HIV prevention drugs - definitions - rules
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(1) As used in this section, unless the context otherwise requires: (a) “CDC” means the federal centers for disease control and prevention in the United States department of health and human services, or any successor entity. (b) “CDC guidelines” means the CDC guidelines for pree…
Colo. Rev. Stat. § 12-280-126 Unprofessional conduct - grounds for discipline
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(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…
Colo. Rev. Stat. § 12-280-127 Disciplinary actions
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(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 susp…
Colo. Rev. Stat. § 12-280-128 Judicial review
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Section 12-20-408 governs judicial review of all final actions and orders of the board that are subject to judicial review. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1478, � 1, effective October 1. Editor's note: This section is similar to for…
Colo. Rev. Stat. § 12-280-129 Unlawful acts - civil fines
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(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 fals…
Colo. Rev. Stat. § 12-280-130 Unauthorized practice - penalties
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(1) Any person who practices or offers or attempts to practice pharmacy without an active license issued under this article 280 is subject to penalties pursuant to section 12-20-407 (1)(a). (2) Any person who practices or offers or attempts to practice as a pharmacy technician wi…
Colo. Rev. Stat. § 12-280-131 New drugs - when sales permissible
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(1) No person shall sell, deliver, offer for sale, hold for sale, or give away any new drug not authorized to move in interstate commerce under appropriate federal law. (2) This section does not apply to a drug intended solely for investigational use by experts qualified by scien…
Colo. Rev. Stat. § 12-280-132 Advertising of prescription drug prices
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A prescription drug outlet may advertise its prices for prescription drugs. If the drug is advertised by its brand or proprietary name, the prescription drug outlet shall also include its generic name in the advertisement. Source: L. 2019: Entire title R&RE with relocations, (HB …
Colo. Rev. Stat. § 12-280-133 Nonresident prescription drug outlet - registration
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(1) Any prescription drug outlet located outside this state that ships, mails, or delivers, in any manner, drugs or devices into this state is a nonresident prescription drug outlet and shall register with the board and disclose to the board the following: (a) The location, names…
Colo. Rev. Stat. § 12-280-133.5 Nonresident 503B outsourcing facility - registration - requirements - denial, revocation, or suspension - rules
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(1) A nonresident 503B outsourcing facility shall not conduct the business of distributing compounded prescription drugs in this state without first registering with the board as a nonresident 503B outsourcing facility. A nonresident 503B outsourcing facility shall apply for a no…
Colo. Rev. Stat. § 12-280-133.7 Third-party logistics providers - registration - denial, revocation, or suspension - rules
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(1) A third-party logistics provider shall not conduct business in this state without first registering with the board as a third-party logistics provider. A third-party logistics provider shall apply for a registration on a form furnished by the board and shall submit the inform…
Colo. Rev. Stat. § 12-280-134 Records
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(1) (a) All persons licensed or registered under this article 280 shall keep and maintain records of the receipt, distribution, or other disposal of prescription drugs or controlled substances, shall make the records available to the board upon request for inspection, copying, ve…
Colo. Rev. Stat. § 12-280-135 Unused medicine - licensed facilities - correctional facilities - reuse - definitions - rules
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(1) As used in this section, unless the context otherwise requires: (a) “Correctional facility” means a facility under the supervision of the United States, the department of corrections, or a similar state agency or department in a state other than Colorado in which persons are …
Colo. Rev. Stat. § 12-280-135.5 Colorado drug donation program - created - rules - records - definitions
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(1) As used in this section, unless the context otherwise requires: (a) “Colorado drug donation program” or “program” means the Colorado drug donation program created in this section. (b) “Controlled substance” has the meaning set forth in section 18-18-102. (c) (I) “Donation rec…
Colo. Rev. Stat. § 12-280-136 Confidential agreement to limit practice
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(1) Except as specified in subsection (2) of this section, section 12-30-108 concerning confidential agreements to limit practice applies to this article 280. (2) This section and section 12-30-108 do not apply to a pharmacist, pharmacy technician, or intern subject to discipline…
Colo. Rev. Stat. § 12-280-137 Investigations of suspicious drugs
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All prescription drug outlets, manufacturers, repackagers, and wholesalers shall investigate any suspect product, as defined in the DQSA and any federal regulations implementing the DQSA, and shall use documentation and reporting procedures relating to the investigation in accord…
Colo. Rev. Stat. § 12-280-138 Patient counseling - pharmacists required to perform - patient may decline - rules
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(1) (a) Except in the circumstances described in subsection (2) of this section, a pharmacist shall provide patient counseling on new medication therapy and, based on the pharmacist’s professional judgment and due diligence, may provide patient counseling for any other prescripti…
Colo. Rev. Stat. § 12-280-139 Insulin affordability program - record keeping - reimbursement - penalty - definitions
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(1) As used in this section and section 12-280-140, unless the context otherwise requires: (a) “Consumer price index” means the United States department of labor’s bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers…
Colo. Rev. Stat. § 12-280-140 Emergency prescription insulin supply - eligibility - record keeping - penalty
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(1) (a) Effective January 1, 2022, an individual who meets the requirements of subsection (2) of this section may receive one emergency thirty-day supply of prescription insulin within a twelve-month period. The pharmacy may charge the individual an amount not to exceed thirty-fi…
Colo. Rev. Stat. § 12-280-141 Prescription drugs - automated pharmacy dispensing system - registration - rules - definition
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(1) As used in this section, “automated pharmacy dispensing system” or “system” means a mechanical system that dispenses prescription drugs to a person interacting with a remote pharmacist and maintains related transaction information. (2) A prescription drug outlet may dispense …
Colo. Rev. Stat. § 12-280-142 Epinephrine auto-injector affordability program - record keeping - reimbursement - penalty - definitions
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(1) As used in this section: (a) “Consumer price index” means the United States department of labor’s bureau of labor statistics consumer price index for Denver-Aurora-Lakewood for all items paid by all urban consumers, or its applicable predecessor or successor index. (b) Repeal…