Title 16, Chapter 13, Section 36
( 16-13-36)
(a) The State Board of Pharmacy shall register an applicant to manufacture or distribute controlled substances included in Code Sections 16-13-25 through 16-13-29 unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the State Board of Pharmacy shall consider the following factors: (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 the 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 illegal diversion of
controlled substances; (5) Furnishing by the applicant of false or fraudulent material in
any application filed under this article; (6) Suspension or revocation of the applicant's federal
registration to manufacture, distribute, or dispense controlled
substances as authorized by federal law; (7) Suspension or revocation of the applicant's registration or
license to manufacture, distribute, or dispense controlled
substances, drugs, or narcotics in this state or any other state
of the United States; and (8) Any other factors relevant to and consistent with the public
health and safety. (b) Registration under subsection (a) of this Code section does not
entitle a registrant to manufacture and distribute controlled
substances in Schedule I or II other than those specified in the
registration. (c) Practitioners must be registered under state law to dispense any
controlled substances or to conduct research with controlled
substances in Schedules II through V if they are authorized to
dispense or conduct research under the law of this state. The State
Board of Pharmacy need not require separate registration under this
Code section for practitioners engaging in research with nonnarcotic
controlled substances in Schedules II through V where the registrant
is already registered under this article 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 State Board of
Pharmacy satisfactory evidence of that federal registration. Any
practitioner conducting research with Schedule I controlled
substances must obtain a separate registration with the State Board
of Pharmacy. (d) Compliance by manufacturers and distributors with the provisions
of federal law respecting registration (excluding fees) entitles
them to be registered under this article. |