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BRIGHTON PHARMACY v. COLO. STATE PHARMACY BD.

No. 05CA2358.

160 P.3d 412 (2007)

BRIGHTON PHARMACY, INC., and Donald Coble, Pharm.D., CDE, Appellants, v. COLORADO STATE PHARMACY BOARD, Appellee.

Colorado Court of Appeals, Div. I.

April 5, 2007.

Attorney(s) appearing for the Case

Ducker, Montgomery, Aronstein & Bess, P.C., Joel W. Cantrick, Denver, Colorado, for Appellants.

John W. Suthers, Attorney General, Joanna Lee Kaye, Assistant Attorney General, Denver, Colorado, for Appellee.

Opinion by Judge ROY.

Appellants, Brighton Pharmacy, Inc. (the pharmacy), and Donald Coble, Pharm.D., CDE (the pharmacist), seek review of the rulemaking action of the Colorado State Pharmacy Board (the Board) following which it promulgated Rule 3.00.21, 3 Code Colo. Regs. 719-1 (the Rule). We affirm.

On July 21, 2005, the Board held a rulemaking hearing to consider a rule prohibiting pharmacists from dispensing prescription drugs resulting from Internet-based...

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