(a) The director of health shall register an applicant to manufacture, distribute,
prescribe, administer, or dispense controlled substances unless he or she determines
that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the director of health may consider, but shall
not be limited to, 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 federal, state, and local law;
(3) Conviction of a crime or plea of nolo contendere by the applicant of any state
or federal law involving the sale of, trafficking in, or abuse of a controlled substance;
(4) Past experience in the manufacture, distribution, prescribing, administration,
or dispensing 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 in any application
filed under this chapter;
(6) Suspension or revocation of the applicant's federal registration to manufacture,
distribute, prescribe, administer, or dispense controlled substances as authorized
by federal law.
(b) Registration under subsection (a) of this section does not entitle a registrant
to manufacture and distribute controlled substances in schedule I or II other than
those specified in his or her registration.
(c) Practitioners must be registered in accordance with subsection (a) of this section
to prescribe, administer, and dispense any controlled substance or to conduct research
with controlled substances in schedules II through V. The director of health need not require separate registration under this section
for practitioners engaging in research with non-narcotic controlled substances in
schedules II through V where the registrant is already registered under this chapter
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 director of health evidence of that federal registration.
(d) Compliance by manufacturers and distributors with the provisions of the federal
law respecting registration (excluding fees) entitles them to be registered under
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