Registration requirements--revocation and suspension--review byadministrative hearing commission--reapplication may be denied up tofive years.
195.040. 1. No registration shall be issued under section 195.030unless and until the applicant therefor has furnished proof satisfactory tothe department of health and senior services:
(1) That the applicant is of good moral character or, if the applicantbe an association or corporation, that the managing officers are of good moralcharacter;
(2) That the applicant is equipped as to land, buildings, andparaphernalia properly to carry on the business described in his application.
2. No registration shall be granted to any person who has within twoyears been finally adjudicated and found guilty, or entered a plea of guiltyor nolo contendere, in a criminal prosecution under the laws of any state orof the United States, for any misdemeanor offense or within seven years forany felony offense related to controlled substances. No registration shall begranted to any person who is abusing controlled substances.
3. The department of health and senior services shall register anapplicant to manufacture, distribute or dispense controlled substances unlessit determines that the issuance of that registration would be inconsistentwith the public interest. In determining the public interest, the followingfactors shall be considered:
(1) Maintenance of effective controls against diversion of controlledsubstances into other than legitimate medical, scientific, or industrialchannels;
(2) Compliance with applicable state and local law;
(3) Any convictions of an applicant under any federal or state lawsrelating to any controlled substance;
(4) Past experience in the manufacture or distribution of controlledsubstances and the existence in the applicant's establishment of effectivecontrols against diversion;
(5) Furnishing by the applicant of false or fraudulent materialinformation in any application filed under sections 195.005 to 195.425;
(6) Suspension or revocation of the applicant's federal registration tomanufacture, distribute or dispense narcotics or controlled dangerous drugs asauthorized by federal law; and
(7) Any other factors relevant to and consistent with the public healthand safety.
4. Registration does not entitle a registrant to manufacture anddistribute controlled substances in Schedule I or II other than thosespecified in the registration.
5. Practitioners shall be registered to dispense any controlledsubstance or to conduct research with controlled substances in Schedules IIthrough V if they are authorized to dispense or conduct research under thelaws of this state. The department of health and senior services need notrequire separate registration under sections 195.005 to 195.425 forpractitioners engaging in research with nonnarcotic substances in Schedules IIthrough V where the registrant is already registered under sections 195.005 to195.425 in another capacity. Practitioners registered under federal law toconduct research with Schedule I substances may conduct research with ScheduleI substances within this state upon furnishing the department of health andsenior services evidence of that federal registration.
6. Compliance by manufacturers and distributors with the provisions offederal law respecting registration (excluding fees) shall entitle them to beregistered under sections 195.005 to 195.425.
7. A registration to manufacture, distribute, or dispense a controlledsubstance may be suspended or revoked by the department of health and seniorservices upon a finding that the registrant:
(1) Has furnished false or fraudulent material information in anyapplication filed under sections 195.005 to 195.425;
(2) Has been convicted of a felony under any state or federal lawrelating to any controlled substance;
(3) Has had his federal registration to manufacture, distribute ordispense suspended or revoked;
(4) Has violated any federal controlled substances statute orregulation, or any provision of sections 195.005 to 195.425 or regulationpromulgated pursuant to sections 195.005 to 195.425; or
(5) Has had the registrant's professional license to practice suspendedor revoked.
8. The department of health and senior services may warn or censure aregistrant; limit a registration to particular controlled substances orschedules of controlled substances; limit revocation or suspension of aregistration to a particular controlled substance with respect to whichgrounds for revocation or suspension exist; restrict or limit a registrationunder such terms and conditions as the department of health and seniorservices considers appropriate for a period of five years; suspend or revoke aregistration for a period not to exceed five years; or deny an application forregistration. In any order of revocation, the department of health and seniorservices may provide that the registrant may not apply for a new registrationfor a period of time ranging from one to five years following the date of theorder of revocation. All stay orders shall toll this time period. Anyregistration placed under a limitation or restriction by the department ofhealth and senior services shall be termed "under probation".
9. If the department of health and senior services suspends or revokes aregistration, all controlled substances owned or possessed by the registrantat the time of suspension or the effective date of the revocation order may beplaced under seal by such agency and held pending final disposition of thecase. No disposition may be made of substances under seal until the time fortaking an appeal has elapsed or until all appeals have been concluded, unlessa court, upon application therefor, orders the sale of perishable substancesand the deposit of the proceeds of the sale with the court. Upon a revocationorder becoming final, all controlled substances may be forfeited to the state.
10. The department of health and senior services may, upon review,terminate any restriction or limitation previously imposed upon a registrationby the department of health and senior services if the registrant has remainedin compliance with the imposed restrictions or limitations and local, stateand federal laws since the time the restrictions* or limitations were imposed.
11. The department of health and senior services shall promptly notifythe Drug Enforcement Administration, United States Department of Justice, orits successor agency, of all orders suspending or revoking registration andall forfeitures of controlled substances.
12. If after first providing the registrant an opportunity for aninformal conference, the department of health and senior services proposes todeny, suspend, restrict, limit or revoke a registration or refuse a renewal ofregistration, the department of health and senior services shall serve uponthe applicant or registrant written notice of the proposed action to be takenon the application or registration. The notice shall contain a statement ofthe type of discipline proposed, the basis therefor, the date such actionshall go into effect and a statement that the registrant shall have thirtydays to request in writing a hearing before the administrative hearingcommission. If no written request for a hearing is received by the departmentof health and senior services within thirty days of the applicant's orregistrant's receipt of the notice, the proposed discipline shall take effectthirty-one days from the date the original notice was received by theapplicant or registrant. If the registrant or applicant makes a writtenrequest for a hearing, the department of health and senior services shall filea complaint with the administrative hearing commission within sixty days ofreceipt of the written request for a hearing. The complaint shall comply withthe laws and regulations for actions brought before the administrative hearingcommission. The department of health and senior services may issue letters ofcensure or warning and may enter into agreements with a registrant orapplicant which restrict or limit a registration without formal notice orhearing.
13. The department of health and senior services may suspend anyregistration simultaneously with the institution of proceedings undersubsection 7 of this section if the department of health and senior servicesfinds that there is imminent danger to the public health or safety whichwarrants this action. The suspension shall continue in effect until theconclusion of the proceedings, including review thereof, unless soonerwithdrawn by the department of health and senior services, dissolved by acourt of competent jurisdiction or stayed by the administrative hearingcommission.
Registration requirements--revocation and suspension--review byadministrative hearing commission--reapplication may be denied up tofive years.
195.040. 1. No registration shall be issued under section 195.030unless and until the applicant therefor has furnished proof satisfactory tothe department of health and senior services:
(1) That the applicant is of good moral character or, if the applicantbe an association or corporation, that the managing officers are of good moralcharacter;
(2) That the applicant is equipped as to land, buildings, andparaphernalia properly to carry on the business described in his application.
2. No registration shall be granted to any person who has within twoyears been finally adjudicated and found guilty, or entered a plea of guiltyor nolo contendere, in a criminal prosecution under the laws of any state orof the United States, for any misdemeanor offense or within seven years forany felony offense related to controlled substances. No registration shall begranted to any person who is abusing controlled substances.
3. The department of health and senior services shall register anapplicant to manufacture, distribute or dispense controlled substances unlessit determines that the issuance of that registration would be inconsistentwith the public interest. In determining the public interest, the followingfactors shall be considered:
(1) Maintenance of effective controls against diversion of controlledsubstances into other than legitimate medical, scientific, or industrialchannels;
(2) Compliance with applicable state and local law;
(3) Any convictions of an applicant under any federal or state lawsrelating to any controlled substance;
(4) Past experience in the manufacture or distribution of controlledsubstances and the existence in the applicant's establishment of effectivecontrols against diversion;
(5) Furnishing by the applicant of false or fraudulent materialinformation in any application filed under sections 195.005 to 195.425;
(6) Suspension or revocation of the applicant's federal registration tomanufacture, distribute or dispense narcotics or controlled dangerous drugs asauthorized by federal law; and
(7) Any other factors relevant to and consistent with the public healthand safety.
4. Registration does not entitle a registrant to manufacture anddistribute controlled substances in Schedule I or II other than thosespecified in the registration.
5. Practitioners shall be registered to dispense any controlledsubstance or to conduct research with controlled substances in Schedules IIthrough V if they are authorized to dispense or conduct research under thelaws of this state. The department of health and senior services need notrequire separate registration under sections 195.005 to 195.425 forpractitioners engaging in research with nonnarcotic substances in Schedules IIthrough V where the registrant is already registered under sections 195.005 to195.425 in another capacity. Practitioners registered under federal law toconduct research with Schedule I substances may conduct research with ScheduleI substances within this state upon furnishing the department of health andsenior services evidence of that federal registration.
6. Compliance by manufacturers and distributors with the provisions offederal law respecting registration (excluding fees) shall entitle them to beregistered under sections 195.005 to 195.425.
7. A registration to manufacture, distribute, or dispense a controlledsubstance may be suspended or revoked by the department of health and seniorservices upon a finding that the registrant:
(1) Has furnished false or fraudulent material information in anyapplication filed under sections 195.005 to 195.425;
(2) Has been convicted of a felony under any state or federal lawrelating to any controlled substance;
(3) Has had his federal registration to manufacture, distribute ordispense suspended or revoked;
(4) Has violated any federal controlled substances statute orregulation, or any provision of sections 195.005 to 195.425 or regulationpromulgated pursuant to sections 195.005 to 195.425; or
(5) Has had the registrant's professional license to practice suspendedor revoked.
8. The department of health and senior services may warn or censure aregistrant; limit a registration to particular controlled substances orschedules of controlled substances; limit revocation or suspension of aregistration to a particular controlled substance with respect to whichgrounds for revocation or suspension exist; restrict or limit a registrationunder such terms and conditions as the department of health and seniorservices considers appropriate for a period of five years; suspend or revoke aregistration for a period not to exceed five years; or deny an application forregistration. In any order of revocation, the department of health and seniorservices may provide that the registrant may not apply for a new registrationfor a period of time ranging from one to five years following the date of theorder of revocation. All stay orders shall toll this time period. Anyregistration placed under a limitation or restriction by the department ofhealth and senior services shall be termed "under probation".
9. If the department of health and senior services suspends or revokes aregistration, all controlled substances owned or possessed by the registrantat the time of suspension or the effective date of the revocation order may beplaced under seal by such agency and held pending final disposition of thecase. No disposition may be made of substances under seal until the time fortaking an appeal has elapsed or until all appeals have been concluded, unlessa court, upon application therefor, orders the sale of perishable substancesand the deposit of the proceeds of the sale with the court. Upon a revocationorder becoming final, all controlled substances may be forfeited to the state.
10. The department of health and senior services may, upon review,terminate any restriction or limitation previously imposed upon a registrationby the department of health and senior services if the registrant has remainedin compliance with the imposed restrictions or limitations and local, stateand federal laws since the time the restrictions* or limitations were imposed.
11. The department of health and senior services shall promptly notifythe Drug Enforcement Administration, United States Department of Justice, orits successor agency, of all orders suspending or revoking registration andall forfeitures of controlled substances.
12. If after first providing the registrant an opportunity for aninformal conference, the department of health and senior services proposes todeny, suspend, restrict, limit or revoke a registration or refuse a renewal ofregistration, the department of health and senior services shall serve uponthe applicant or registrant written notice of the proposed action to be takenon the application or registration. The notice shall contain a statement ofthe type of discipline proposed, the basis therefor, the date such actionshall go into effect and a statement that the registrant shall have thirtydays to request in writing a hearing before the administrative hearingcommission. If no written request for a hearing is received by the departmentof health and senior services within thirty days of the applicant's orregistrant's receipt of the notice, the proposed discipline shall take effectthirty-one days from the date the original notice was received by theapplicant or registrant. If the registrant or applicant makes a writtenrequest for a hearing, the department of health and senior services shall filea complaint with the administrative hearing commission within sixty days ofreceipt of the written request for a hearing. The complaint shall comply withthe laws and regulations for actions brought before the administrative hearingcommission. The department of health and senior services may issue letters ofcensure or warning and may enter into agreements with a registrant orapplicant which restrict or limit a registration without formal notice orhearing.
13. The department of health and senior services may suspend anyregistration simultaneously with the institution of proceedings undersubsection 7 of this section if the department of health and senior servicesfinds that there is imminent danger to the public health or safety whichwarrants this action. The suspension shall continue in effect until theconclusion of the proceedings, including review thereof, unless soonerwithdrawn by the department of health and senior services, dissolved by acourt of competent jurisdiction or stayed by the administrative hearingcommission.
Registration requirements--revocation and suspension--review byadministrative hearing commission--reapplication may be denied up tofive years.
195.040. 1. No registration shall be issued under section 195.030unless and until the applicant therefor has furnished proof satisfactory tothe department of health and senior services:
(1) That the applicant is of good moral character or, if the applicantbe an association or corporation, that the managing officers are of good moralcharacter;
(2) That the applicant is equipped as to land, buildings, andparaphernalia properly to carry on the business described in his application.
2. No registration shall be granted to any person who has within twoyears been finally adjudicated and found guilty, or entered a plea of guiltyor nolo contendere, in a criminal prosecution under the laws of any state orof the United States, for any misdemeanor offense or within seven years forany felony offense related to controlled substances. No registration shall begranted to any person who is abusing controlled substances.
3. The department of health and senior services shall register anapplicant to manufacture, distribute or dispense controlled substances unlessit determines that the issuance of that registration would be inconsistentwith the public interest. In determining the public interest, the followingfactors shall be considered:
(1) Maintenance of effective controls against diversion of controlledsubstances into other than legitimate medical, scientific, or industrialchannels;
(2) Compliance with applicable state and local law;
(3) Any convictions of an applicant under any federal or state lawsrelating to any controlled substance;
(4) Past experience in the manufacture or distribution of controlledsubstances and the existence in the applicant's establishment of effectivecontrols against diversion;
(5) Furnishing by the applicant of false or fraudulent materialinformation in any application filed under sections 195.005 to 195.425;
(6) Suspension or revocation of the applicant's federal registration tomanufacture, distribute or dispense narcotics or controlled dangerous drugs asauthorized by federal law; and
(7) Any other factors relevant to and consistent with the public healthand safety.
4. Registration does not entitle a registrant to manufacture anddistribute controlled substances in Schedule I or II other than thosespecified in the registration.
5. Practitioners shall be registered to dispense any controlledsubstance or to conduct research with controlled substances in Schedules IIthrough V if they are authorized to dispense or conduct research under thelaws of this state. The department of health and senior services need notrequire separate registration under sections 195.005 to 195.425 forpractitioners engaging in research with nonnarcotic substances in Schedules IIthrough V where the registrant is already registered under sections 195.005 to195.425 in another capacity. Practitioners registered under federal law toconduct research with Schedule I substances may conduct research with ScheduleI substances within this state upon furnishing the department of health andsenior services evidence of that federal registration.
6. Compliance by manufacturers and distributors with the provisions offederal law respecting registration (excluding fees) shall entitle them to beregistered under sections 195.005 to 195.425.
7. A registration to manufacture, distribute, or dispense a controlledsubstance may be suspended or revoked by the department of health and seniorservices upon a finding that the registrant:
(1) Has furnished false or fraudulent material information in anyapplication filed under sections 195.005 to 195.425;
(2) Has been convicted of a felony under any state or federal lawrelating to any controlled substance;
(3) Has had his federal registration to manufacture, distribute ordispense suspended or revoked;
(4) Has violated any federal controlled substances statute orregulation, or any provision of sections 195.005 to 195.425 or regulationpromulgated pursuant to sections 195.005 to 195.425; or
(5) Has had the registrant's professional license to practice suspendedor revoked.
8. The department of health and senior services may warn or censure aregistrant; limit a registration to particular controlled substances orschedules of controlled substances; limit revocation or suspension of aregistration to a particular controlled substance with respect to whichgrounds for revocation or suspension exist; restrict or limit a registrationunder such terms and conditions as the department of health and seniorservices considers appropriate for a period of five years; suspend or revoke aregistration for a period not to exceed five years; or deny an application forregistration. In any order of revocation, the department of health and seniorservices may provide that the registrant may not apply for a new registrationfor a period of time ranging from one to five years following the date of theorder of revocation. All stay orders shall toll this time period. Anyregistration placed under a limitation or restriction by the department ofhealth and senior services shall be termed "under probation".
9. If the department of health and senior services suspends or revokes aregistration, all controlled substances owned or possessed by the registrantat the time of suspension or the effective date of the revocation order may beplaced under seal by such agency and held pending final disposition of thecase. No disposition may be made of substances under seal until the time fortaking an appeal has elapsed or until all appeals have been concluded, unlessa court, upon application therefor, orders the sale of perishable substancesand the deposit of the proceeds of the sale with the court. Upon a revocationorder becoming final, all controlled substances may be forfeited to the state.
10. The department of health and senior services may, upon review,terminate any restriction or limitation previously imposed upon a registrationby the department of health and senior services if the registrant has remainedin compliance with the imposed restrictions or limitations and local, stateand federal laws since the time the restrictions* or limitations were imposed.
11. The department of health and senior services shall promptly notifythe Drug Enforcement Administration, United States Department of Justice, orits successor agency, of all orders suspending or revoking registration andall forfeitures of controlled substances.
12. If after first providing the registrant an opportunity for aninformal conference, the department of health and senior services proposes todeny, suspend, restrict, limit or revoke a registration or refuse a renewal ofregistration, the department of health and senior services shall serve uponthe applicant or registrant written notice of the proposed action to be takenon the application or registration. The notice shall contain a statement ofthe type of discipline proposed, the basis therefor, the date such actionshall go into effect and a statement that the registrant shall have thirtydays to request in writing a hearing before the administrative hearingcommission. If no written request for a hearing is received by the departmentof health and senior services within thirty days of the applicant's orregistrant's receipt of the notice, the proposed discipline shall take effectthirty-one days from the date the original notice was received by theapplicant or registrant. If the registrant or applicant makes a writtenrequest for a hearing, the department of health and senior services shall filea complaint with the administrative hearing commission within sixty days ofreceipt of the written request for a hearing. The complaint shall comply withthe laws and regulations for actions brought before the administrative hearingcommission. The department of health and senior services may issue letters ofcensure or warning and may enter into agreements with a registrant orapplicant which restrict or limit a registration without formal notice orhearing.
13. The department of health and senior services may suspend anyregistration simultaneously with the institution of proceedings undersubsection 7 of this section if the department of health and senior servicesfinds that there is imminent danger to the public health or safety whichwarrants this action. The suspension shall continue in effect until theconclusion of the proceedings, including review thereof, unless soonerwithdrawn by the department of health and senior services, dissolved by acourt of competent jurisdiction or stayed by the administrative hearingcommission.
