Title 26, Chapter 4, Section 49
( 26-4-49)
(a) Every person, firm, corporation, agency, department, or other
entity located within this state which handles, possesses, or
utilizes controlled substances or dangerous drugs, as defined in
Chapter 13 of Title 16, for the purposes of conducting research,
analysis, animal training, or drug education, as such purposes may
be further defined by the board, and is not otherwise registered as
a pharmacist, pharmacy, drug wholesaler, distributor, supplier, or
practitioner shall biennially register with the state board of
pharmacy for a drug researcher permit which shall entitle the holder
thereof to purchase, receive, possess, or dispose of such controlled
substances and dangerous drugs for such purposes. In applying for
the permit: (1) The application for registration shall be made on a form to be
prescribed and furnished by said board and shall show at a minimum
the name of the person responsible for filing the application, the
name of the applying firm, corporation, agency, department, or
other entity, if applicable, the address where the controlled
substances or dangerous drugs will be kept secured and can be
inspected by the board, together with such other information as
may be required by the board; (2) The person filing the application for the permit shall be the
responsible person for the safe and proper storage and
accountability, as defined under Chapter 13 of Title 16, for any
and all controlled substances and dangerous drugs. Such person
shall be responsible for maintaining exact and accurate records
regarding the purchase, receipt, utilization, and disposal of all
controlled substances and dangerous drugs utilized for purposes
granted by this permit. All records must be maintained for a
minimum of two years and be readily available for inspection by
agents of the board; and (3) Before approval by the board for any permit issued under this
Code section, the application for registration must successfully
undergo a thorough investigation by agents of the board to ensure
the applicant complies with all applicable laws, rules, and
regulations pursuant to handling controlled substances and
dangerous drugs as defined under Chapter 13 of Title 16. (b) The board may require that the application for registration as a
drug researcher be accompanied by a fee in an amount established
under rules promulgated by the board, and the board may establish
conditions for exemptions from such fees. Such registration shall
not be transferable and shall expire on the expiration date
established by the division director and may be renewed pursuant to
rules and regulations promulgated by the board. If not renewed, the
registration shall lapse and become null and void. (c) The board shall have the authority to promulgate rules and
regulations governing the holder of a drug researcher permit as
defined under this Code section. (d) A drug researcher permit may be suspended or revoked or the
registrant may be reprimanded, fined, or placed on probation by the
board if the registrant fails to comply with all applicable local,
state, or federal laws, rules, and regulations.
(e) A holder of a drug researcher permit who is not also licensed as
a pharmacist practicing in a duly licensed pharmacy shall not engage
in the sale, distribution, or dispensing of controlled substances or
dangerous drugs. (f) Any person, firm, or corporation which violates any provision of
this Code section shall be guilty of a felony and, upon conviction
thereof, be punished by imprisonment for not less than one year nor
more than five years or by a fine not to exceed $10,000.00 or both. |