Missouri Revised Statutes
Chapter 195
Drug Regulations
←195.030
Section 195.040.1
195.040→
August 28, 2015
Beginning January 1, 2017--Registration requirements--revocation and suspension--review by administrative hearing commission--reapplication may be denied up to five years.
195.040. 1. No registration shall be issued under section 195.030
unless and until the applicant therefor has furnished proof satisfactory to
the department of health and senior services:
(1) That the applicant is of good moral character or, if the
applicant be an association or corporation, that the managing officers are
of good moral character;
(2) That the applicant is equipped as to land, buildings, and
paraphernalia properly to carry on the business described in his or her
application.
2. No registration shall be granted to any person who has within two
years been finally adjudicated and found guilty, or entered a plea of
guilty or nolo contendere, in a criminal prosecution under the laws of any
state or of the United States, for any misdemeanor offense or within seven
years for any felony offense related to controlled substances. No
registration shall be granted to any person who is abusing controlled
substances.
3. The department of health and senior services shall register an
applicant to manufacture, distribute or dispense controlled substances
unless it determines that the issuance of that registration would be
inconsistent with the public interest. In determining the public interest,
the following factors shall be considered:
(1) Maintenance of effective controls against diversion of controlled
substances into other than legitimate medical, scientific, or industrial
channels;
(2) Compliance with applicable state and local law;
(3) Any convictions of an applicant under any federal or state laws
relating to any controlled substance;
(4) Past experience in the manufacture or distribution of controlled
substances and the existence in the applicant's establishment of effective
controls against diversion;
(5) Furnishing by the applicant of false or fraudulent material
information in any application filed under this chapter;
(6) Suspension or revocation of the applicant's federal registration
to manufacture, distribute or dispense narcotics or controlled dangerous
drugs as authorized by federal law; and
(7) Any other factors relevant to and consistent with the public
health and safety.
4. Registration does not entitle a registrant to manufacture and
distribute controlled substances in Schedule I or II other than those
specified in the registration.
5. Practitioners shall be registered to dispense any controlled
substance or to conduct research with controlled substances in Schedules II
through V if they are authorized to dispense or conduct research under the
laws of this state. The department of health and senior services need not
require separate registration under this chapter for practitioners engaging
in research with nonnarcotic substances in Schedules II through V where the
registrant is already registered under this chapter in another capacity.
Practitioners registered under federal law to conduct research with
Schedule I substances may conduct research with Schedule I substances
within this state upon furnishing the department of health and senior
services evidence of that federal registration.
6. Compliance by manufacturers and distributors with the provisions
of federal law respecting registration, excluding fees, shall entitle them
to be registered under this chapter.
7. A registration to manufacture, distribute, or dispense a
controlled substance may be suspended or revoked by the department of
health and senior services upon a finding that the registrant:
(1) Has furnished false or fraudulent material information in any
application filed under this chapter;
(2) Has been convicted of a felony under any state or federal law
relating to any controlled substance;
(3) Has had his or her federal registration to manufacture,
distribute or dispense suspended or revoked;
(4) Has violated any federal controlled substances statute or
regulation, or any provision of this chapter or chapter 579 or regulation
promulgated under this chapter; or
(5) Has had the registrant's professional license to practice
suspended or revoked.
8. The department of health and senior services may warn or censure a
registrant; limit a registration to particular controlled substances or
schedules of controlled substances; limit revocation or suspension of a
registration to a particular controlled substance with respect to which
grounds for revocation or suspension exist; restrict or limit a
registration under such terms and conditions as the department of health
and senior services considers appropriate for a period of five years;
suspend or revoke a registration for a period not to exceed five years; or
deny an application for registration. In any order of revocation, the
department of health and senior services may provide that the registrant
may not apply for a new registration for a period of time ranging from one
to five years following the date of the order of revocation. All stay
orders shall toll this time period. Any registration placed under a
limitation or restriction by the department of health and senior services
shall be termed "under probation".
9. If the department of health and senior services suspends or
revokes a registration, all controlled substances owned or possessed by the
registrant at the time of suspension or the effective date of the
revocation order may be placed under seal by such agency and held pending
final disposition of the case. No disposition may be made of substances
under seal until the time for taking an appeal has elapsed or until all
appeals have been concluded, unless a court, upon application therefor,
orders the sale of perishable substances and the deposit of the proceeds of
the sale with the court. Upon a revocation order 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
registration by the department of health and senior services if the
registrant has remained in compliance with the imposed restrictions or
limitations and local, state and federal laws since the time the
restrictions or limitations were imposed.
11. The department of health and senior services shall promptly
notify the Drug Enforcement Administration, United States Department of
Justice, or its successor agency, of all orders suspending or revoking
registration and all forfeitures of controlled substances.
12. If after first providing the registrant an opportunity for an
informal conference, the department of health and senior services proposes
to deny, suspend, restrict, limit or revoke a registration or refuse a
renewal of registration, the department of health and senior services shall
serve upon the applicant or registrant written notice of the proposed
action to be taken on the application or registration. The notice shall
contain a statement of the type of discipline proposed, the basis therefor,
the date such action shall go into effect and a statement that the
registrant shall have thirty days to request in writing a hearing before
the administrative hearing commission. If no written request for a hearing
is received by the department of health and senior services within thirty
days of the applicant's or registrant's receipt of the notice, the proposed
discipline shall take effect thirty-one days from the date the original
notice was received by the applicant or registrant. If the registrant or
applicant makes a written request for a hearing, the department of health
and senior services shall file a complaint with the administrative hearing
commission within sixty days of receipt of the written request for a
hearing. The complaint shall comply with the laws and regulations for
actions brought before the administrative hearing commission. The
department of health and senior services may issue letters of censure or
warning and may enter into agreements with a registrant or applicant which
restrict or limit a registration without formal notice or hearing.
13. The department of health and senior services may suspend any
registration simultaneously with the institution of proceedings under
subsection 7 of this section if the department of health and senior
services finds that there is imminent danger to the public health or safety
which warrants this action. The suspension shall continue in effect until
the conclusion of the proceedings, including review thereof, unless sooner
withdrawn by the department of health and senior services, dissolved by a
court of competent jurisdiction or stayed by the administrative hearing
commission.
(RSMo 1939 § 9835, A.L. 1971 H.B. 69, A.L. 1978 S.B. 651, A.L. 1987
H.B. 51 & 49, A.L. 1989 S.B. 215 & 58, A.L. 1994 S.B. 594, A.L.
1997 H.B. 635, A.L. 1998 H.B. 1147, et al., A.L. 2014 S.B. 491)
Effective 1-01-17
1998
1998
195.040. 1. No registration shall be issued under section 195.030 unless
and until the applicant therefor has furnished proof satisfactory to the
department of health and senior services:
(1) That the applicant is of good moral character or, if the applicant be
an association or corporation, that the managing officers are of good moral
character;
(2) That the applicant is equipped as to land, buildings, and
paraphernalia properly to carry on the business described in his application.
2. No registration shall be granted to any person who has within two
years been finally adjudicated and found guilty, or entered a plea of guilty
or nolo contendere, in a criminal prosecution under the laws of any state or
of the United States, for any misdemeanor offense or within seven years for
any felony offense related to controlled substances. No registration shall be
granted to any person who is abusing controlled substances.
3. The department of health and senior services shall register an
applicant to manufacture, distribute or dispense controlled substances unless
it determines that the issuance of that registration would be inconsistent
with the public interest. In determining the public interest, the following
factors shall be considered:
(1) Maintenance of effective controls against diversion of controlled
substances into other than legitimate medical, scientific, or industrial
channels;
(2) Compliance with applicable state and local law;
(3) Any convictions of an applicant under any federal or state laws
relating to any controlled substance;
(4) Past experience in the manufacture or distribution of controlled
substances and the existence in the applicant's establishment of effective
controls against diversion;
(5) Furnishing by the applicant of false or fraudulent material
information in any application filed under sections 195.005 to 195.425;
(6) Suspension or revocation of the applicant's federal registration to
manufacture, distribute or dispense narcotics or controlled dangerous drugs
as authorized by federal law; and
(7) Any other factors relevant to and consistent with the public health
and safety.
4. Registration does not entitle a registrant to manufacture and
distribute controlled substances in Schedule I or II other than those
specified in the registration.
5. Practitioners shall be registered to dispense any controlled
substance or to conduct research with controlled substances in Schedules II
through V if they are authorized to dispense or conduct research under the
laws of this state. The department of health and senior services need not
require separate registration under sections 195.005 to 195.425 for
practitioners engaging in research with nonnarcotic substances in Schedules II
through V where the registrant is already registered under sections 195.005
to 195.425 in another capacity. Practitioners registered under federal law
to conduct research with Schedule I substances may conduct research with
Schedule I substances within this state upon furnishing the department of
health and senior services evidence of that federal registration.
6. Compliance by manufacturers and distributors with the provisions of
federal law respecting registration (excluding fees) shall entitle them to be
registered under sections 195.005 to 195.425.
7. A registration to manufacture, distribute, or dispense a controlled
substance may be suspended or revoked by the department of health and senior
services upon a finding that the registrant:
(1) Has furnished false or fraudulent material information in any
application filed under sections 195.005 to 195.425;
(2) Has been convicted of a felony under any state or federal law
relating to any controlled substance;
(3) Has had his federal registration to manufacture, distribute or
dispense suspended or revoked;
(4) Has violated any federal controlled substances statute or regulation,
or any provision of sections 195.005 to 195.425 or regulation promulgated
pursuant to sections 195.005 to 195.425; or
(5) Has had the registrant's professional license to practice suspended
or revoked.
8. The department of health and senior services may warn or censure a
registrant; limit a registration to particular controlled substances or
schedules of controlled substances; limit revocation or suspension of a
registration to a particular controlled substance with respect to which
grounds for revocation or suspension exist; restrict or limit a registration
under such terms and conditions as the department of health and senior
services considers appropriate for a period of five years; suspend or revoke a
registration for a period not to exceed five years; or deny an application
for registration. In any order of revocation, the department of health and
senior services may provide that the registrant may not apply for a new
registration for a period of time ranging from one to five years following
the date of the order of revocation. All stay orders shall toll this time
period. Any registration placed under a limitation or restriction by the
department of health and senior services shall be termed "under probation".
9. If the department of health and senior services suspends or revokes a
registration, all controlled substances owned or possessed by the registrant
at the time of suspension or the effective date of the revocation order may
be placed under seal by such agency and held pending final disposition of the
case. No disposition may be made of substances under seal until the time for
taking an appeal has elapsed or until all appeals have been concluded, unless
a court, upon application therefor, orders the sale of perishable substances
and the deposit of the proceeds of the sale with the court. Upon a
revocation order 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
registration by the department of health and senior services if the
registrant has remained in compliance with the imposed restrictions or
limitations and local, state and federal laws since the time the
restrictions* or limitations were imposed.
11. The department of health and senior services shall promptly notify
the Drug Enforcement Administration, United States Department of Justice, or
its successor agency, of all orders suspending or revoking registration and
all forfeitures of controlled substances.
12. If after first providing the registrant an opportunity for an
informal conference, the department of health and senior services proposes to
deny, suspend, restrict, limit or revoke a registration or refuse a renewal
of registration, the department of health and senior services shall serve
upon the applicant or registrant written notice of the proposed action to be
taken on the application or registration. The notice shall contain a
statement of the type of discipline proposed, the basis therefor, the date
such action shall go into effect and a statement that the registrant shall
have thirty days to request in writing a hearing before the administrative
hearing commission. If no written request for a hearing is received by the
department of health and senior services within thirty days of the
applicant's or registrant's receipt of the notice, the proposed discipline
shall take effect thirty-one days from the date the original notice was
received by the applicant or registrant. If the registrant or applicant makes
a written request for a hearing, the department of health and senior services
shall file a complaint with the administrative hearing commission within
sixty days of receipt of the written request for a hearing. The complaint
shall comply with the laws and regulations for actions brought before the
administrative hearing commission. The department of health and senior
services may issue letters of censure or warning and may enter into
agreements with a registrant or applicant which restrict or limit a
registration without formal notice or hearing.
13. The department of health and senior services may suspend any
registration simultaneously with the institution of proceedings under
subsection 7 of this section if the department of health and senior services
finds that there is imminent danger to the public health or safety which
warrants this action. The suspension shall continue in effect until the
conclusion of the proceedings, including review thereof, unless sooner
withdrawn by the department of health and senior services, dissolved by a
court of competent jurisdiction or stayed by the administrative hearing
commission.
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