| 195.040 |
NARCOTIC NEWS
Drug Law in Missouri 195.040
Drug Law in Missouri 195.040
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Registration requirements--revocation and suspension--review by
administrative hearing commission--reapplication may be denied up to five
years.
administrative hearing commission--reapplication may be denied up to five
years.
No registration shall be issued under section 195.030 unless and until the
applicant therefor has furnished proof satisfactory to the department of health
and senior services:
(1) That the applicant is of good moral character or, if the applicant be an
association or corporation, that the managing officers are of good moral
character;
(2) That the applicant is equipped as to land, buildings, and paraphernalia
properly to carry on the business described in his application.
2. No registration shall be granted to any person who has within two years
been finally adjudicated and found guilty, or entered a plea of guilty or nolo
contendere, in a criminal prosecution under the laws of any state or of the
United States, for any misdemeanor offense or within seven years for any
felony offense related to controlled substances. No registration shall be
granted to any person who is abusing controlled substances.
3. The department of health and senior services shall register an applicant to
manufacture, distribute or dispense controlled substances unless it
determines that the issuance of that registration would be inconsistent with the
public interest. In determining the public interest, the following factors shall be
considered:
(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 an 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
diversion;
(5) Furnishing by the applicant of false or fraudulent material information in any
application filed under sections 195.005 to 195.425;
(6) Suspension or revocation of the applicant's federal registration to
manufacture, distribute or dispense narcotics or controlled dangerous drugs
as authorized by federal law; and
(7) Any other factors relevant to and consistent with the public health and safety.
4. Registration does not entitle a registrant to manufacture and distribute
controlled substances in Schedule I or II other than those specified in the
registration.
5. Practitioners shall be registered to dispense any controlled substance or to
conduct research with controlled substances in Schedules II through V if they
are authorized to dispense or conduct research under the laws of this state.
The department of health and senior services need not require separate
registration under sections 195.005 to 195.425 for practitioners engaging in
research with nonnarcotic substances in Schedules II through V where the
registrant is already registered under sections 195.005 to 195.425 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 department of health and senior services
evidence of that federal registration.
6. Compliance by manufacturers and distributors with the provisions of federal
law respecting registration (excluding fees) shall entitle them to be registered
under sections 195.005 to 195.425.
7. A registration to manufacture, distribute, or dispense a controlled substance
may be suspended or revoked by the department of health and senior services
upon a finding that the registrant:
(1) Has furnished false or fraudulent material information in any application
filed under sections 195.005 to 195.425;
(2) Has been convicted of a felony under any state or federal law relating to any
controlled substance;
(3) Has had his federal registration to manufacture, distribute or dispense
suspended or revoked;
(4) Has violated any federal controlled substances statute or regulation, or any
provision of sections 195.005 to 195.425 or regulation promulgated pursuant to
sections 195.005 to 195.425; or
(5) Has had the registrant's professional license to practice suspended or
revoked.
8. The department of health and senior services may warn or censure a
registrant; limit a registration to particular controlled substances or schedules
of controlled substances; limit revocation or suspension of a registration to a
particular controlled substance with respect to which grounds for revocation or
suspension exist; restrict or limit a registration under such terms and
conditions as the department of health and senior services considers
appropriate for a period of five years; suspend or revoke a registration for a
period not to exceed five years; or deny an application for registration. In any
order of revocation, the department of health and senior services may provide
that the registrant may not apply for a new registration for a period of time
ranging from one to five years following the date of the order of revocation. All
stay orders shall toll this time period. Any registration placed under a limitation
or restriction by the department of health and senior services shall be termed
"under probation".
9. If the department of health and senior services suspends or revokes a
registration, all controlled substances owned or possessed by the registrant at
the time of suspension or the effective date of the revocation order may be
placed under seal by such agency and held pending final disposition of the
case. No disposition may be made of substances under seal until the time for
taking an appeal has elapsed or until all appeals have been concluded, unless
a court, upon application therefor, orders the sale of perishable substances
and the deposit of the proceeds of the sale with the court. Upon a revocation
order becoming final, all controlled substances may be forfeited to the state.
10. The department of health and senior services may, upon review, terminate
any restriction or limitation previously imposed upon a registration by the
department of health and senior services if the registrant has remained in
compliance with the imposed restrictions or limitations and local, state and
federal laws since the time the restrictions* or limitations were imposed.
11. The department of health and senior services shall promptly notify the Drug
Enforcement Administration, United States Department of Justice, or its
successor agency, of all orders suspending or revoking registration and all
forfeitures of controlled substances.
12. If after first providing the registrant an opportunity for an informal
conference, the department of health and senior services proposes to deny,
suspend, restrict, limit or revoke a registration or refuse a renewal of
registration, the department of health shall serve upon the applicant or
registrant written notice of the proposed action to be taken on the application or
registration. The notice shall contain a statement of the type of discipline
proposed, the basis therefor, the date such action shall go into effect and a
statement that the registrant shall have thirty days to request in writing a
hearing before the administrative hearing commission. If no written request for
a hearing is received by the department of health and senior services within
thirty days of the applicant's or registrant's receipt of the notice, the proposed
discipline shall take effect thirty-one days from the date the original notice was
received by the applicant or registrant. If the registrant or applicant makes a
written request for a hearing, the department of health and senior services
shall file a complaint with the administrative hearing commission within sixty
days of receipt of the written request for a hearing. The complaint shall comply
with the laws and regulations for actions brought before the administrative
hearing commission. The department of health and senior services may issue
letters of censure or warning and may enter into agreements with a registrant
or applicant which restrict or limit a registration without formal notice or hearing.
13. The department of health and senior services may suspend any
registration simultaneously with the institution of proceedings under
subsection 7 of this section if the department of health and senior services
finds that there is imminent danger to the public health or safety which warrants
this action. The suspension shall continue in effect until the conclusion of the
proceedings, including review thereof, unless sooner withdrawn by the
department of health and senior services, dissolved by a court of competent
jurisdiction or stayed by the administrative hearing commission.
(RSMo 1939 § 9835, A.L. 1971 H.B. 69, A.L. 1978 S.B. 651, A.L. 1987 H.B. 51 &
49, A.L. 1989 S.B. 215 & 58, A.L. 1994 S.B. 594, A.L. 1997 H.B. 635, A.L. 1998
H.B. 1147, et al.)
*Word "restriction" appears in original rolls.
applicant therefor has furnished proof satisfactory to the department of health
and senior services:
(1) That the applicant is of good moral character or, if the applicant be an
association or corporation, that the managing officers are of good moral
character;
(2) That the applicant is equipped as to land, buildings, and paraphernalia
properly to carry on the business described in his application.
2. No registration shall be granted to any person who has within two years
been finally adjudicated and found guilty, or entered a plea of guilty or nolo
contendere, in a criminal prosecution under the laws of any state or of the
United States, for any misdemeanor offense or within seven years for any
felony offense related to controlled substances. No registration shall be
granted to any person who is abusing controlled substances.
3. The department of health and senior services shall register an applicant to
manufacture, distribute or dispense controlled substances unless it
determines that the issuance of that registration would be inconsistent with the
public interest. In determining the public interest, the following factors shall be
considered:
(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 an 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
diversion;
(5) Furnishing by the applicant of false or fraudulent material information in any
application filed under sections 195.005 to 195.425;
(6) Suspension or revocation of the applicant's federal registration to
manufacture, distribute or dispense narcotics or controlled dangerous drugs
as authorized by federal law; and
(7) Any other factors relevant to and consistent with the public health and safety.
4. Registration does not entitle a registrant to manufacture and distribute
controlled substances in Schedule I or II other than those specified in the
registration.
5. Practitioners shall be registered to dispense any controlled substance or to
conduct research with controlled substances in Schedules II through V if they
are authorized to dispense or conduct research under the laws of this state.
The department of health and senior services need not require separate
registration under sections 195.005 to 195.425 for practitioners engaging in
research with nonnarcotic substances in Schedules II through V where the
registrant is already registered under sections 195.005 to 195.425 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 department of health and senior services
evidence of that federal registration.
6. Compliance by manufacturers and distributors with the provisions of federal
law respecting registration (excluding fees) shall entitle them to be registered
under sections 195.005 to 195.425.
7. A registration to manufacture, distribute, or dispense a controlled substance
may be suspended or revoked by the department of health and senior services
upon a finding that the registrant:
(1) Has furnished false or fraudulent material information in any application
filed under sections 195.005 to 195.425;
(2) Has been convicted of a felony under any state or federal law relating to any
controlled substance;
(3) Has had his federal registration to manufacture, distribute or dispense
suspended or revoked;
(4) Has violated any federal controlled substances statute or regulation, or any
provision of sections 195.005 to 195.425 or regulation promulgated pursuant to
sections 195.005 to 195.425; or
(5) Has had the registrant's professional license to practice suspended or
revoked.
8. The department of health and senior services may warn or censure a
registrant; limit a registration to particular controlled substances or schedules
of controlled substances; limit revocation or suspension of a registration to a
particular controlled substance with respect to which grounds for revocation or
suspension exist; restrict or limit a registration under such terms and
conditions as the department of health and senior services considers
appropriate for a period of five years; suspend or revoke a registration for a
period not to exceed five years; or deny an application for registration. In any
order of revocation, the department of health and senior services may provide
that the registrant may not apply for a new registration for a period of time
ranging from one to five years following the date of the order of revocation. All
stay orders shall toll this time period. Any registration placed under a limitation
or restriction by the department of health and senior services shall be termed
"under probation".
9. If the department of health and senior services suspends or revokes a
registration, all controlled substances owned or possessed by the registrant at
the time of suspension or the effective date of the revocation order may be
placed under seal by such agency and held pending final disposition of the
case. No disposition may be made of substances under seal until the time for
taking an appeal has elapsed or until all appeals have been concluded, unless
a court, upon application therefor, orders the sale of perishable substances
and the deposit of the proceeds of the sale with the court. Upon a revocation
order becoming final, all controlled substances may be forfeited to the state.
10. The department of health and senior services may, upon review, terminate
any restriction or limitation previously imposed upon a registration by the
department of health and senior services if the registrant has remained in
compliance with the imposed restrictions or limitations and local, state and
federal laws since the time the restrictions* or limitations were imposed.
11. The department of health and senior services shall promptly notify the Drug
Enforcement Administration, United States Department of Justice, or its
successor agency, of all orders suspending or revoking registration and all
forfeitures of controlled substances.
12. If after first providing the registrant an opportunity for an informal
conference, the department of health and senior services proposes to deny,
suspend, restrict, limit or revoke a registration or refuse a renewal of
registration, the department of health shall serve upon the applicant or
registrant written notice of the proposed action to be taken on the application or
registration. The notice shall contain a statement of the type of discipline
proposed, the basis therefor, the date such action shall go into effect and a
statement that the registrant shall have thirty days to request in writing a
hearing before the administrative hearing commission. If no written request for
a hearing is received by the department of health and senior services within
thirty days of the applicant's or registrant's receipt of the notice, the proposed
discipline shall take effect thirty-one days from the date the original notice was
received by the applicant or registrant. If the registrant or applicant makes a
written request for a hearing, the department of health and senior services
shall file a complaint with the administrative hearing commission within sixty
days of receipt of the written request for a hearing. The complaint shall comply
with the laws and regulations for actions brought before the administrative
hearing commission. The department of health and senior services may issue
letters of censure or warning and may enter into agreements with a registrant
or applicant which restrict or limit a registration without formal notice or hearing.
13. The department of health and senior services may suspend any
registration simultaneously with the institution of proceedings under
subsection 7 of this section if the department of health and senior services
finds that there is imminent danger to the public health or safety which warrants
this action. The suspension shall continue in effect until the conclusion of the
proceedings, including review thereof, unless sooner withdrawn by the
department of health and senior services, dissolved by a court of competent
jurisdiction or stayed by the administrative hearing commission.
(RSMo 1939 § 9835, A.L. 1971 H.B. 69, A.L. 1978 S.B. 651, A.L. 1987 H.B. 51 &
49, A.L. 1989 S.B. 215 & 58, A.L. 1994 S.B. 594, A.L. 1997 H.B. 635, A.L. 1998
H.B. 1147, et al.)
*Word "restriction" appears in original rolls.