Denial, revocation, and suspension of registration
Sec. 5. Denial, Revocation, and Suspension of Registration. (a)
An application for registration or re-registration submitted pursuant
to and a registration issued under section 3 of this chapter to
manufacture, distribute, or dispense a controlled substance may be
denied, suspended or revoked by the board upon a finding by the
advisory committee that the applicant or registrant:
(1) has furnished false or fraudulent material information in any
application filed under this article;
(2) has violated any state or federal law relating to any
controlled substance;
(3) has had his federal registration suspended or revoked to
manufacture, distribute, or dispense controlled substances; or
(4) has failed to maintain reasonable controls against diversion
of controlled substances into other than legitimate medical,
scientific, or industrial channels.
(b) The board may limit revocation or suspension of a registration
or the denial of an application for registration or re-registration to the
particular controlled substance with respect to which grounds for
revocation, suspension or denial exist.
(c) If the board suspends or revokes a registration or denies an
application for re-registration, all controlled substances owned or
possessed by the registrant at the time of suspension or the effective
date of the revocation or denial order may be placed under seal. The
board may require the removal of such substances from the premises.
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 or denial order becoming final, all
controlled substances may be forfeited to the state.
(d) The board shall promptly notify the drug enforcement
administration of all orders suspending or revoking registration, all
orders denying any application for registration or re-registration, and
all forfeitures of controlled substances.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1981,
P.L.170, SEC.8.
Last modified: May 24, 2006