16-13-36
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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.