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

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

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

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

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

(b)  Persons registered by the department ofpublic 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 withthose substances to the extent authorized by their registration and inconformity with this part.

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

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

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

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

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

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

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

(e)  A separate registration shall be requiredat each principal place of business or professional practice where theapplicant manufactures, distributes, prescribes, or dispenses controlledsubstances, except an office used by a practitioner (who is registered atanother location) where controlled substances are prescribed but neitheradministered nor otherwise dispensed as a regular part of the professionalpractice of the practitioner at such office, and where no supplies ofcontrolled substances are maintained.

(f)  The department of public safety mayinspect the establishment of a registrant or applicant for registration inaccordance with the department’s rule.

(g)  The department of public safety mayrequire a registrant to submit documents or written statements of fact relevantto a registration that the department deems necessary to determine whether theregistration should be granted or denied.  The failure of the registrant toprovide the documents or statements within a reasonable time after beingrequested to do so shall be deemed to be a waiver by the registrant of theopportunity to present the documents or statements for consideration by thedepartment in granting or denying the registration.

(h)  The failure to renew the controlledsubstance registration on a timely basis or to pay the applicable fees orpayment with a check that is dishonored upon first deposit shall cause theregistration to be automatically forfeited. [L 1972, c 10, pt of §1; gen ch1985; 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.