§ 21-28-3.04 - Suspension or revocation of registration.
SECTION 21-28-3.04
§ 21-28-3.04 Suspension or revocation ofregistration. – (a) A registration to manufacture, distribute, prescribe, administer, ordispense a controlled substance may be suspended or revoked by the director ofhealth upon a finding that the continuance of that registration would beinconsistent with the public interest. In considering the public interest, thedirector of health may consider, but shall not be limited to, the followingfactors:
(1) Maintenance of effective controls against diversion ofcontrolled substances into other than legitimate medical, scientific, orindustrial channels;
(2) The registrant is not in compliance with applicablefederal, state, or local law;
(3) The registrant has been convicted of a crime or haspleaded nolo contendere to a violation of any state or federal law;
(4) The registrant or registrant's establishment lacks orcannot establish or maintain effective controls to guard against diversion ofcontrolled substances;
(5) That the applicant or registrant has furnished false orfraudulent material information in any application filed under this chapter;
(6) That the registrant has had his or her federalregistration to manufacture, distribute, prescribe, administer, or dispensecontrolled substances suspended or revoked;
(7) Abuse or excessive use of controlled substances by theregistrant; or
(8) Possessing, using, prescribing, dispensing, oradministering controlled substances except for a legitimate medical orscientific purpose.
(b) The director of health may limit revocation or suspensionof a registration to the particular controlled substance with respect to whichgrounds for revocation or suspension exist.
(c) If the director of health suspends or revokes aregistration, all controlled substances owned or possessed by the registrant atthe time of suspension or the effective date of the revocation order may beplaced under embargo. No disposition may be made of substances under embargountil the time for taking an appeal has elapsed or until all appeals have beenconcluded unless a court, upon application for the court order, orders the saleof perishable substances and the deposit of the proceeds of the sale with thecourt. Upon a revocation order becoming final, all controlled substances or theproceeds of the sale of the controlled substances shall be forfeited to thestate.
(d) The director of health shall promptly notify the DrugEnforcement Administration of all orders or revoking registration and allforfeitures of controlled substances.