State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-102

§ 90‑102. Additional provisions as to registration.

(a)        The North Carolina Department of Health and Human Servicesshall register an applicant to manufacture or distribute controlled substancesincluded in Schedules I through VI of this Article unless it determines thatthe issuance of such registration is inconsistent with the public interest. Indetermining the public interest, the following factors shall be considered:

(1)        Maintenance of effective controls against diversion of anycontrolled substances and any substance compounded therefrom into other thanlegitimate medical, scientific, or industrial channels;

(2)        Compliance with applicable federal, State and local law;

(3)        Prior conviction record of applicant, its agents oremployees under federal and State laws relating to the manufacture,distribution, or dispensing of such substances;

(4)        Past experience in the manufacture of controlled substances,and the existence in the establishment or facility of effective controlsagainst diversion; and

(5)        Any factor relating to revocation, suspension, or denial ofpast registrations, licenses, or applications under this or any other State orfederal law;

(6)        Such other factors as may be relevant to and consistent withthe public health and safety.

(b)        Registration granted under subsection (a) of this sectionshall not entitle a registrant to manufacture and distribute controlledsubstances included in Schedule I or II other than those specified in theregistration.

(c)        Individual practitioners licensed to dispense and authorizedto conduct research under federal law with Schedules II through V substancesmust be registered with the North Carolina Department of Health and HumanServices to conduct such research.

(d)        Manufacturers and distributors registered or licensed underfederal law to manufacture or distribute controlled substances included inSchedules I through VI of this Article are entitled to registration under thisArticle, but this registration is expressly made subject to the provisions ofG.S. 90‑103.

(e)        The North Carolina Department of Health and Human Servicesshall initially permit persons to register who own or operate any establishmentengaged in the manufacture, distribution, or dispensing of any substances priorto January 1, 1972, and who are registered or licensed by the State. (1971, c. 919, s. 1; 1973, c. 1358, s. 14; 1977, c.667, s. 3; 1985, c. 439, ss. 3, 4; 1997‑443, s. 11A.118(a).)