§329-32  Registration requirements. 
(a)  Every person who:



(1)  Manufactures, distributes, prescribes, or
dispenses any controlled substance within this State;



(2)  Proposes to engage in the manufacture,
distribution, prescription, or dispensing of any controlled substance within
this State; or



(3)  Dispenses or proposes to dispense any controlled
substance for use in this State by shipping, mailing, or otherwise delivering
the controlled substance from a location outside this State;



shall obtain a registration issued by the department
of public safety in accordance with the department’s rules.  A licensed or
registered health care professional who acts as the authorized agent of a
practitioner and who administers controlled substances at the direction of the
practitioner shall not be required to obtain a registration.



(b)  Persons registered by the department of
public safety under this chapter to manufacture, distribute, prescribe,
dispense, store, or conduct research with controlled substances may possess,
manufacture, distribute, prescribe, dispense, store, or conduct research with
those substances to the extent authorized by their registration and in
conformity with this part.



(c)  Except as otherwise provided by law, the
following persons shall not be required to register and may lawfully possess
controlled substances under this chapter:



(1)  An agent or employee of any registered
manufacturer, distributor, or dispenser of any controlled substance, if the
agent or employee is acting in the usual course of the agent’s or employee’s
business or employment;



(2)  A common or contract carrier or warehouser, or an
employee thereof, whose possession of any controlled substance is in the usual
course of the person’s business or employment; and



(3)  An ultimate user or a person in possession of any
controlled substance pursuant to a lawful order of a practitioner.



(d)  The department of public safety may waive
the registration or filing requirement for certain manufacturers, distributors,
prescribers, or dispensers by rule if:



(1)  It is consistent with the public health and
safety; and



(2)  The department of public safety states the
specific reasons for the waiver and the time period for which the waiver is to
be valid.



(e)  A separate registration shall be required
at each principal place of business or professional practice where the
applicant manufactures, distributes, prescribes, or dispenses controlled
substances, except an office used by a practitioner (who is registered at
another location) where controlled substances are prescribed but neither
administered nor otherwise dispensed as a regular part of the professional
practice of the practitioner at such office, and where no supplies of
controlled substances are maintained.



(f)  The department of public safety may
inspect the establishment of a registrant or applicant for registration in
accordance with the department’s rule.



(g)  The department of public safety may
require a registrant to submit documents or written statements of fact relevant
to a registration that the department deems necessary to determine whether the
registration should be granted or denied.  The failure of the registrant to
provide the documents or statements within a reasonable time after being
requested to do so shall be deemed to be a waiver by the registrant of the
opportunity to present the documents or statements for consideration by the
department in granting or denying the registration.



(h)  The failure to renew the controlled
substance registration on a timely basis or to pay the applicable fees or
payment with a check that is dishonored upon first deposit shall cause the
registration to be automatically forfeited. [L 1972, c 10, pt of §1; gen ch
1985; am L 1990, c 281, §10; am L 1991, c 159, §9; am L 1993, c 19, §1; am L 1996,
c 206, §1; am L 1997, c 280, §2; am L 2003, c 151, §7]



 



Cross References



 



  Regulation of wholesale prescription drug distributors, see
§§328-111 to 123.