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Section: 195.0030 Until December 31, 2016--Rules, procedure--fees--registration required, exceptions, registration, term not to exceed three years. RSMO 195.030


Published: 2015

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Missouri Revised Statutes













Chapter 195

Drug Regulations

←195.030

Section 195.030.2

195.040→

August 28, 2015

Until December 31, 2016--Rules, procedure--fees--registration required, exceptions, registration, term not to exceed three years.

195.030. 1. The department of health and senior services upon public

notice and hearing pursuant to this section and chapter 536 may promulgate

rules and charge reasonable fees relating to the registration and control of

the manufacture, distribution and dispensing of controlled substances within

this state. No rule or portion of a rule promulgated pursuant to the

authority of this chapter shall become effective unless it has been

promulgated pursuant to the provisions of section 536.024.



2. No person shall manufacture, compound, mix, cultivate, grow, or by

any other process produce or prepare, distribute, dispense or prescribe any

controlled substance and no person as a wholesaler shall supply the same,

without having first obtained a registration issued by the department of

health and senior services in accordance with rules and regulations

promulgated by it. No registration shall be granted for a term exceeding

three years.



3. Persons registered by the department of health and senior services

pursuant to sections 195.005 to 195.425 to manufacture, distribute, or

dispense or conduct research with controlled substances are authorized to

possess, manufacture, distribute or dispense such substances, including any

such activity in the conduct of research, to the extent authorized by their

registration and in conformity with other provisions of sections 195.005 to

195.425.



4. The following persons shall not be required to register and may

lawfully possess controlled substances pursuant to sections 195.005 to

195.425:



(1) An agent or employee, excluding physicians, dentists, optometrists,

podiatrists or veterinarians, of any registered manufacturer, distributor, or

dispenser of any controlled substance if such agent is acting in the usual

course of his or her business or employment;



(2) A common or contract carrier or warehouseman, or an employee thereof,

whose possession of any controlled substance is in the usual course of

business or employment;



(3) An ultimate user or a person in possession of any controlled

substance pursuant to a lawful order of a practitioner or in lawful

possession of a Schedule V substance.



5. The department of health and senior services may, by regulation,

waive the requirement for registration of certain manufacturers,

distributors, or dispensers if it finds it consistent with the public health

and safety.



6. A separate registration shall be required at each principal place of

business or professional practice where the applicant manufactures,

distributes, or dispenses controlled substances.



7. The department of health and senior services is authorized to inspect

the establishment of a registrant or applicant in accordance with the

provisions of sections 195.005 to 195.425.



(RSMo 1939 § 9834, A.L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58, A.L.

1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 1997 H.B. 635, A.L. 1999 H.B.

94 merged with S.B. 216)



*This section was amended by S.B. 491, 2014, effective 1-01-17. Due

to the delayed effective date, both versions of this section are

printed here.







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