§329-33  Registration.  (a)  Thedepartment of public safety shall register an applicant to manufacture,dispense, prescribe, or distribute controlled substances included in sections329-14, 329-16, 329-18, 329-20, and 329-22 unless it determines that theissuance of that registration would be inconsistent with the public interest. In determining the public interest, the department of public safety shallconsider the following factors:

(1)  Maintenance of effective controls againstdiversion of controlled substances into other than legitimate medical, scientific,or industrial channels;

(2)  Compliance with applicable state and local law;

(3)  Any convictions of the applicant under anyfederal and state laws relating to any controlled substance;

(4)  Past experience in the manufacture ordistribution of controlled substances, and the existence in the applicant'sestablishment of effective controls against diversion;

(5)  Furnishing by the applicant of false orfraudulent material in any application filed under this chapter;

(6)  Suspension, revocation, or surrender of theapplicant's federal registration to manufacture, distribute, prescribe, ordispense controlled substances as authorized by federal law; and

(7)  Any other factor relevant to and consistent withthe public health and safety.

(b)  Registration under subsection (a) does notentitle a registrant to manufacture, dispense, prescribe, and distributecontrolled substances in Schedule I or II other than those specified in theregistration.

(c)  Practitioners must be registered todispense or to prescribe any controlled substances or to conduct research withcontrolled substances in Schedules II through V if they are authorized todispense or to prescribe or conduct research under the law of this State.  Thedepartment of public safety need not require separate registration under thispart for practitioners engaging in research with nonnarcotic controlledsubstances in Schedules II through V where the registrant is already registeredunder this part in another capacity.  Practitioners registered under federallaw to conduct research with Schedule I substances may conduct research withSchedule I substances within this State upon furnishing the department ofpublic safety evidence of that federal registration.

(d)  Compliance by manufacturers anddistributors with the provisions of the federal law respecting registration(excluding fees) entitles them to be registered under this chapter. [L 1972, c10, pt of §1; am L 1990, c 281, §10; am L 2009, c 117, §4]