Pharmacy will face discipline

College Pharmacy and its owner, Thomas Bader, could be banned from dispensing medication to patients in Colorado after state officials voted Friday to take disciplinary action against them.

The seven-member board of pharmacy directed the Colorado Attorney General’s Office to carry out its decision during a special meeting. The meeting follows a federal indictment charging College Pharmacy and Bader, 63, with importing an illegal human growth hormone from Chinese manufacturers and unlawfully selling it to physicians in four states.

The U.S. Food and Drug Administration has never approved the distribution or use of any human growth hormone made or imported from China. Approved hormone is used to treat adults and children who cannot produce enough growth hormone naturally.

Two others have been charged in the case: College Pharmacy sales representative Kevin Henry, 56, and Bradley Blum, 36, a Houstonbased sales representative of a separate company.

Susan Miller, director of health care for the Colorado Department of Regulatory Agencies, did not say what kind of discipline the board voted to take, citing pending legal action. But she said it could range from a public reprimand to revocation of registration and license, which are needed to conduct business in the state. It was unclear when the Attorney General’s Office would consider the case.

College Pharmacy and Bader have the option of challenging the board’s decision, Miller said. In that case, both parties would have to go through formal proceedings, which include hearings.

According to the department, the company was placed on probation in 2005 for three complaints that its pharmacists incorrectly dispensed medication, one dating to 2002. The pharmacy board fined the company $50,000 and mandated it report to the board information on how many prescriptions it dispensed to patients, physicians and other pharmacies on a quarterly basis for four years.

The board also required College Pharmacy to adhere to state and federal laws relating to pharmacies and the practice of pharmacy.

It was unclear when the company would be taken off probation.

“The indictment calls into question if they are complying,” Miller said.

If convicted in the federal indictment, the defendants would have to forfeit $4.1 million in assets, the amount authorities think was made from the sales from October 2005 to February 2007.

Bader, Blum and Henry also could face prison time.

They have been charged with conspiracy, distribution of human growth hormone, facilitating the sale of smuggled goods and asset forfeiture.

Bader and Henry also have been charged with mail fraud, and Bader faces an additional charge of facilitating the sale of smuggled goods.

Miller said College Pharmacy was fined $1,000 in 2004 for failing to report to the board when it changed pharmacy managers.

State law requires businesses to do so within 14 days, she said.