195.410. Registration, qualifications for--suspension or revocation, grounds, procedure--limitations--duties of department.
Registration, qualifications for--suspension or revocation, grounds,procedure--limitations--duties of department.
195.410. 1. No registration shall be issued under section 195.405unless and until the applicant for such registration has furnished proofsatisfactory to the department of health and senior services that:
(1) The applicant is of good moral character or, if the applicant isan association or corporation, that the managing officers are of good moralcharacter; and
(2) The applicant is properly equipped as to land, building, andparaphernalia to carry on the business described in his application.
2. No registration shall be granted to any person who has within twoyears been finally adjudicated and found guilty, or entered a plea ofguilty or nolo contendere, in a criminal prosecution under the laws of anystate or of the United States, for any misdemeanor offense or within sevenyears for any felony offense related to controlled substances or chemicalslisted in subsection 2 of section 195.400.
3. The department of health and senior services shall register anapplicant to manufacture, distribute, sell, transfer, or otherwise furnishlisted chemicals unless it determines that the issuance of thatregistration would be inconsistent with the public interest. Indetermining the public interest, the following factors shall be considered:
(1) Maintenance of effective controls against diversion of controlledsubstances or chemicals listed in subsection 2 of section 195.400 intoother 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 lawsrelating to any controlled substance or chemicals listed in subsection 2 ofsection 195.400;
(4) Past experience in the manufacture or distribution of controlledsubstances or chemicals listed in subsection 2 of section 195.400 and theexistence in the applicant's establishment of effective controls againstdiversion;
(5) Furnishing by the applicant of false or fraudulent materialinformation in any application filed under section 195.405; and
(6) Any other factors that the department of health and seniorservices determines to be relevant to and consistent with the public healthand safety.
4. Registration does not entitle a registrant to manufacture anddistribute chemicals listed in subsection 2 of section 195.400 other thanthose specified in the registrant's registration.
5. A registration to manufacture, distribute, sell, transfer, orotherwise furnish or dispense a controlled substance or chemical listed insubsection 2 of section 195.400 may be suspended or revoked by thedepartment of health and senior services upon a finding that the registranthas:
(1) Furnished false or fraudulent material information in anyapplication filed pursuant to sections 195.405 to 195.425;
(2) Been convicted of a felony under any state or federal lawrelating to any controlled substance or listed chemical;
(3) Had his federal authority to manufacture, distribute or dispensecontrolled substances or chemicals listed in sections 195.405 to 195.425suspended or revoked; or
(4) Violated any federal controlled substances or chemicals statuteor regulation, or any provision of sections 195.005 to 195.425 orregulation promulgated pursuant to sections 195.005 to 195.425.
6. The department of health and senior services may:
(1) Warn or censure a registrant;
(2) Limit a registration to particular listed chemicals;
(3) Limit revocation or suspension of a registration to a particularlisted chemical with respect to which grounds for revocation or suspensionexist;
(4) Restrict or limit a registration under such terms and conditionsas the department of health and senior services considers appropriate for aperiod of five years;
(5) Suspend or revoke a registration for a period not to exceed fiveyears; or
(6) Deny an application for registration.
In any order of revocation, the department of health and senior servicesmay provide that the registrant may not apply for a new registration forone to five years following the date of such order. Any stay order shalltoll this time period.
7. The department of health and senior services shall promptly notifythe Drug Enforcement Administration, United States Department of Justice ortheir successor agencies of all orders suspending or revoking registrationand all forfeitures of controlled substances.
8. The department of health and senior services may suspend withoutan order to show cause any registration simultaneously with the institutionof proceedings under subsection 5 of this section if the department ofhealth and senior services finds that there is imminent danger to thepublic health or safety which warrants this action. The suspension shallcontinue in effect until the conclusion of the proceedings, includingreview of such proceedings unless sooner withdrawn by the department ofhealth and senior services, dissolved by a court of competent jurisdictionor stayed by the administrative hearing commission.
(L. 1989 S.B. 215 & 58, A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147, et al., A.L. 2004 H.B. 1427)