§ 90-101. Annual registration and fee to engage in listed activities with controlled substances; effect of registration; exceptions; waiver; inspection.
§ 90‑101. Annual registration and fee to engagein listed activities with controlled substances; effect of registration;exceptions; waiver; inspection.
(a) Every person who manufactures, distributes, dispenses, orconducts research with any controlled substance within this State or whoproposes to engage in any of these activities shall annually register with theNorth Carolina Department of Health and Human Services, in accordance withrules adopted by the Commission, and shall pay the registration fee set by theCommission for the category to which the applicant belongs. An applicant forregistration shall file an application for registration with the Department ofHealth and Human Services and submit the required fee with the application. Thecategories of applicants and the maximum fee for each category are as follows:
CATEGORY......................................................................... MAXIMUMFEE
Clinic ............................................................................................. $150.00
Hospital ......................................................................................... 350.00
Nursing Home ................................................................................ 150.00
Teaching Institution ......................................................................... 150.00
Researcher ..................................................................................... 150.00
Analytical Laboratory ..................................................................... 150.00
Dog Handler .................................................................................. 150.00
Distributor ...................................................................................... 600.00
Manufacturer................................................................................... 700.00.
(a1) Any physician who prescribes or dispenses Buprenorphine forthe treatment of opiate dependence shall annually register with the Department,in accordance with rules adopted by the Commission. In the application forregistration under this subsection, the applicant shall document plans toensure that patients are directly engaged or referred to a qualified providerto receive counseling and case management, as appropriate, and shallacknowledge the application of federal confidentiality regulations to patientinformation. Applicant plans for referral to appropriate services shall be awritten document and may include either an executed memorandum of agreement,contractual arrangement, or linkage agreement with qualified providers. TheDepartment shall provide assistance upon request to physicians registered underthis subsection to identify and establish linkages with qualified providers ofcounseling and case management. The Department shall provide the North CarolinaMedical Board with any evidence of noncompliance with this subsection by aqualified physician prior to taking action to rescind the physician'sregistration to prescribe or dispense Buprenorphine for the treatment of opiatedependency.
(b) Persons registered by the North Carolina Department ofHealth and Human Services under this Article (including research facilities) tomanufacture, distribute, dispense or conduct research with controlledsubstances may possess, manufacture, distribute, dispense or conduct researchwith those substances to the extent authorized by their registration and inconformity with the other provisions of this Article.
(c) The following persons shall not be required to register andmay lawfully possess controlled substances under the provisions of thisArticle:
(1) An agent, or an employee thereof, of any registeredmanufacturer, distributor, or dispenser of any controlled substance if suchagent is acting in the usual course of his business or employment;
(2) The State courier service operated by the Department ofAdministration, a common or contract carrier, or a public warehouseman, or anemployee thereof, whose possession of any controlled substance is in the usualcourse of his business or employment;
(3) An ultimate user or a person in possession of any controlledsubstance pursuant to a lawful order of a practitioner;
(4) Repealed by Session Laws 1977, c. 891, s. 4.
(5) Any law‑enforcement officer acting within the courseand scope of official duties, or any person employed in an official capacityby, or acting as an agent of, any law‑enforcement agency or other agencycharged with enforcing the provisions of this Article when acting within thecourse and scope of official duties; and
(6) A practitioner, as defined in G.S. 90‑87(22)a., who isrequired to be licensed in North Carolina by his respective licensing board.
(d) The Commission may, by rule, waive the requirement forregistration of certain classes of manufacturers, distributors, or dispensersif it finds it consistent with the public health and safety.
(e) A separate registration shall be required at each principalplace of business, research or professional practice where the registrantmanufactures, distributes, dispenses or uses controlled substances.
(f) The North Carolina Department of Health and Human Servicesis authorized to inspect the establishment of a registrant, applicant forregistration, or practitioner in accordance with rules adopted by theCommission.
(g) Practitioners licensed in North Carolina by their respectivelicensing boards may possess, dispense or administer controlled substances tothe extent authorized by law and by their boards.
(h) A physician licensed by the North Carolina Medical Boardpursuant to Article 1 of this Chapter may possess, dispense or administertetrahydrocannabinols in duly constituted pharmaceutical form for humanadministration for treatment purposes pursuant to rules adopted by theCommission.
(i) A physician licensed by the North Carolina Medical Boardpursuant to Article 1 of this Chapter may dispense or administer Dronabinol orNabilone as scheduled in G.S. 90‑90(5) only as an antiemetic agent incancer chemotherapy. (1971, c. 919, s. 1; 1973,c. 1358, s. 12; 1977, c. 667, s. 3; c. 891, s. 4; 1979, c. 781; 1981, c. 51, s.9; 1983, c. 375, s. 2; 1985, c. 439, s. 2; 1987, c. 412, s. 13; 1989 (Reg.Sess., 1990), c. 1040, s. 4; 1993, c. 384, s. 2; 1995, c. 94, ss. 26, 27; 1997‑443,s. 11A.118(a); 1997‑456, s. 27; 2003‑335, s. 1; 2003‑398, s.1.)