Colorado Revised Statutes Title 12. Professions and Occupations § 12-280-108. Powers and duties--rules

(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 a risk-based assessment, as defined by the board by rule, to inspect an out-of-state pharmacy, a nonresident 503B outsourcing facility, or an out-of-state wholesaler.

(I) All licenses, certifications, registrations, and license, certification, and registration renewals, reactivations, and reinstatements for a reasonable period;

(II) All suspensions, revocations, and any other disciplinary actions; and

(III) Its own proceedings;

(I) Training and qualifications;

(II) Quality control;

(III) Internal operating procedures;

(IV) Procurement of compounding materials;

(V) Formulation, documentation, and testing requirements;

(VI) Equipment standards;

(VII) Facility standards; and

(VIII) A recall system.

(4)(a)(I) Whenever a duly authorized agent of the board finds or has probable cause to believe that, in any registered outlet, any drug, nonprescription drug, or device is adulterated or misbranded within the meaning of the “Colorado Food and Drug Act”, part 4 of article 5 of title 25, the agent shall affix to the article a tag or other appropriate marking giving notice:

(II) No person shall remove or dispose of an embargoed article by sale or otherwise without the permission of the board or its agent or, after summary proceedings have been instituted, without permission from the court.

(d)(I) If the court finds that a detained or embargoed article is adulterated or misbranded, except as provided in subsection (4)(d)(II) of this section, the court shall order the article, after entry of the decree, to be destroyed at the expense of the owner of the article under the supervision of the agent. The owner of the article or the owner's agent shall bear all court costs and fees, storage, and other proper expense.

(II) When the owner can correct the adulteration or misbranding by proper labeling or processing of the article, after entry of the decree and after the owner has paid the costs, fees, and expenses and has posted a good and sufficient bond, conditioned that the article be properly labeled or processed, the court may direct, by order, that the article be delivered to the owner for proper labeling or processing under the supervision of an agent. The owner shall pay the expense of the agent's supervision. The bond must be returned to the owner of the article once the board represents to the court that the article is no longer in violation of the embargo and that the owner has paid the expenses of supervision.