§ 90-102.1. Registration of persons requiring limited use of controlled substances for training purposes in certain businesses.
§ 90‑102.1. Registration of persons requiringlimited use of controlled substances for training purposes in certainbusinesses.
(a) Definitions. As used in this Article:
(1) "Commercial detection service" means any person,firm, association, or corporation contracting with another person, firm,association, or corporation for a fee or other valuable consideration to place,lease, or rent a trained drug detection dog with a dog handler.
(2) "Dog handler" means a person trained in thehandling of drug detection dogs, including the care, feeding, and maintenanceof drug detection dogs and the procedures necessary to train and control thebehavior of drug detection dogs.
(3) "Drug detection dog" means a dog trained to locatecontrolled substances by scent.
(b) Registration. A dog handler who is not exempt fromregistration under G.S. 90‑101 who intends to use any controlledsubstance included in Schedules I through VI for the limited purpose of theinitial training and maintenance training of drug detection dogs shall file anapplication for registration with the Department of Health and Human Servicesand pay the applicable fee as provided in G.S. 90‑101.
(c) Prerequisites for Registration. Upon receipt of anapplication, the Department of Health and Human Services shall conduct abackground investigation, during the course of which the applicant shall berequired to show that the applicant meets all the following requirements andqualifications:
(1) That the applicant is at least 21 years of age.
(2) That the applicant is of good moral character and temperatehabits. The following shall be prima facie evidence that the applicant does nothave good moral character or temperate habits:
a. Conviction of any crime involving the illegal use,possession, sale, manufacture, distribution, or transportation of a controlledsubstance, drug, narcotic, or alcoholic beverage;
b. Conviction of a felony or a crime involving an act ofviolence;
c. Conviction of a crime involving unlawful breaking orentering, burglary, larceny, or any offense involving moral turpitude; or
d. A history of addiction to alcohol or a narcotic drug;
provided that, for purposes of this subsection,conviction means and includes the entry of a plea of guilty or no contest or averdict rendered in open court by a judge or jury.
(3) That the applicant has not been convicted of any felonyinvolving the illegal use, possession, sale, manufacture, distribution, ortransportation of a controlled substance, drug, narcotic, or alcoholicbeverage.
(4) That the applicant has the necessary training,qualifications, and experience to demonstrate competency and fitness as a doghandler as the Department of Health and Human Services may determine by rulefor all registrations to be approved by the Department.
(5) That the applicant affirms in writing that if theapplication for registration is approved, the applicant shall report all dogalerts to, or finds of, any controlled substance to a law enforcement agencyhaving jurisdiction in the area where the dog alert occurs or where thecontrolled substance is found.
(d) Criminal Record Check. The Department of Justice mayprovide a criminal record check to the Department of Health and Human Servicesfor a person who has applied for a new or renewal registration. The Departmentof Health and Human Services shall provide to the Department of Justice, alongwith the request, the fingerprints of the applicant, any additional informationrequired by the Department of Justice, and a form signed by the applicantconsenting to the check of the criminal record and to the use of thefingerprints and other identifying information required by the State ornational repositories. The applicant's fingerprints shall be forwarded to theState Bureau of Investigation for a search of the State's criminal historyrecord file, and the State Bureau of Investigation shall forward a set of thefingerprints to the Federal Bureau of Investigation for a national criminalhistory check. The Department of Health and Human Services shall keep all informationpursuant to this subsection privileged, in accordance with applicable State lawand federal guidelines, and the information shall be confidential and shall notbe a public record under Chapter 132 of the General Statutes. The Department ofJustice may charge each applicant a fee for conducting the checks of criminalhistory records authorized by this subsection.
(e) Acquisition of Controlled Substances. If the applicationfor registration is approved, the registrant may lawfully obtain and possesscontrolled substances in the manner and to the extent authorized by theregistration, in conformity with G.S. 90‑105, other provisions of thisArticle, and rules promulgated by the Commission pursuant to G.S. 90‑100.
(f) Record Keeping; Physical Security. Each registrant shallkeep records and maintain inventories in the manner specified in G.S. 90‑104.Registrants shall provide effective controls and procedures to guard againsttheft and diversion of controlled substances. Controlled substances shall bestored in a securely locked, substantially constructed cabinet, and the storagearea shall be protected by an alarm system that is continuously monitored by analarm company central station.
(g) Disclosure of Discovery of Controlled Substances. A dog handlershall, upon a dog alert or finding of a controlled substance, notify the Stateor local law enforcement agency having jurisdiction over the area where the dogalert occurs or the controlled substance is found. Before leaving the premiseswhere the dog alert occurs or where the controlled substance is found, the doghandler shall inform law enforcement of the dog alert or the finding of acontrolled substance and shall provide all relevant information concerning thedog alert or the discovery of the controlled substance.
(h) Commercial Detection Services; Dog Certification and ClientConfidentiality. Any drug detection dog utilized in a commercial detectionservice in this State shall first be certified by a canine certificationassociation approved by the Department of Health and Human Services. Anyperson, including a nonresident, engaged in providing a commercial detectionservice in this State shall comply with the requirements of subsection (g) ofthis section regarding disclosure of the discovery of controlled substances.Client records of a dog handler who provides a commercial detection service forcontrolled substances shall be confidential unless the dog handler is requiredto report a dog alert or finding of a controlled substance in the course of asearch, the records are lawfully subpoenaed, or the records are obtained by alaw enforcement officer pursuant to a court order, a search warrant, or anexception to the search warrant requirement.
(i) Notice of Disclosure Requirement. A dog handler shallprovide conspicuous written notice to clients at the dog handler's place ofbusiness and in the contract for services stating that the dog handler isrequired by law to notify law enforcement of any dog alert or finding of acontrolled substance.
Any person who contracts with a dog handler to provide commercial drugdetection services shall provide conspicuous written notice to any person whoseperson or property may be subject to search stating that the premises issubject to search and that the dog handler is required by law to notify lawenforcement of any dog alert or finding of a controlled substance.
(j) The Department of Health and Human Services shall have thepower to investigate or cause to be investigated any complaints, allegations, orsuspicions of wrongdoing or violations of this section involving individualsregistered or applying to be registered under this section. The Department orthe Commission may deny, suspend, or revoke a registration issued under thissection if it is determined that the applicant or registrant has:
(1) Made any false statement or given any false information inconnection with any application for a registration or for the renewal orreinstatement of a registration.
(2) Violated any provision of this Article.
(3) Violated any rule promulgated by the Department of Healthand Human Services or the Commission for Mental Health, DevelopmentalDisabilities, and Substance Abuse Services pursuant to the authority containedin this Article.
(k) This section does not apply to law enforcement agencies, todog handlers and drug detection dogs that are employed or under contract to lawenforcement agencies, or to other persons who are exempt from registrationunder G.S. 90‑101(c)(5). (2003‑398, s.2.)