TITLE 21

Food And Drugs

CHAPTER 21-28

Uniform Controlled Substances Act

ARTICLE 21-28-3.01

Regulation of Manufacturing, Distributing, Prescribing, Administering, and

Dispensing Controlled Substances

SECTION 21-28-3.04



   § 21-28-3.04  Suspension or revocation of

registration. –

(a) A registration to manufacture, distribute, prescribe, administer, or

dispense a controlled substance may be suspended or revoked by the director of

health upon a finding that the continuance of that registration would be

inconsistent with the public interest. In considering the public interest, the

director of health may consider, but shall not be limited to, the following

factors:



   (1) Maintenance of effective controls against diversion of

controlled substances into other than legitimate medical, scientific, or

industrial channels;



   (2) The registrant is not in compliance with applicable

federal, state, or local law;



   (3) The registrant has been convicted of a crime or has

pleaded nolo contendere to a violation of any state or federal law;



   (4) The registrant or registrant's establishment lacks or

cannot establish or maintain effective controls to guard against diversion of

controlled substances;



   (5) That the applicant or registrant has furnished false or

fraudulent material information in any application filed under this chapter;



   (6) That the registrant has had his or her federal

registration to manufacture, distribute, prescribe, administer, or dispense

controlled substances suspended or revoked;



   (7) Abuse or excessive use of controlled substances by the

registrant; or



   (8) Possessing, using, prescribing, dispensing, or

administering controlled substances except for a legitimate medical or

scientific purpose.



   (b) The director of health may limit revocation or suspension

of a registration to the particular controlled substance with respect to which

grounds for revocation or suspension exist.



   (c) If the director of health 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 embargo. No disposition may be made of substances under embargo

until the time for taking an appeal has elapsed or until all appeals have been

concluded unless a court, upon application for the court order, 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 or the

proceeds of the sale of the controlled substances shall be forfeited to the

state.



   (d) The director of health shall promptly notify the Drug

Enforcement Administration of all orders or revoking registration and all

forfeitures of controlled substances.



History of Section.

(P.L. 1974, ch. 183, § 2; P.L. 1980, ch. 257, § 1.)