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§63-2-303.
§63-2-303.
A. The Director of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control shall register an applicant to manufacture,
distribute, dispense, prescribe, administer or use for scientific
purposes controlled dangerous substances included in Schedules I
through V of Section 2-101 et seq. of this title unless the Director
determines that the issuance of such registration is inconsistent with
the public interest. In determining the public interest, the following
factors shall be considered:
1. Maintenance of effective controls against diversion of particular
controlled dangerous substances and any Schedule I or II substance
compounded therefrom into other than legitimate medical, scientific or
industrial channels, including examination of the fitness of his
employees or agents to handle dangerous substances;
2. Compliance with applicable state and local law;
3. Prior conviction record of applicant under federal or state laws
relating to the manufacture, distribution or dispensing of such
substances;
4. Furnishing by the applicant false or fraudulent material
information in any application filed under Section 2-101 et seq. of
this title;
5. Past experience in the manufacture, distribution, dispensing,
prescribing, administering or use for scientific purposes of
controlled dangerous substances, and the existence in the
establishment of effective controls against diversion;
6. Denial, suspension or revocation of the applicant's federal
registration to manufacture, distribute or dispense controlled
dangerous substances as authorized by federal law; and
7. Such other factors as may be relevant to and consistent with the
public health and safety.
Nothing herein shall be deemed to require individual licensed
pharmacists to register under the provisions of the Uniform Controlled
Dangerous Substances Act.
B. Registration granted under subsection A of this section shall not
entitle a registrant to manufacture, distribute, dispense, prescribe,
administer or use for scientific purposes controlled dangerous
substances in Schedule I or II other than those specified in the
registration.
C. Practitioners shall be registered to dispense, prescribe,
administer or use for scientific purposes substances in Schedules II
through V if they are authorized to carry on their respective
activities under the laws of this state. A registration application by
a practitioner who wishes to conduct research with Schedule I
substances shall be accompanied by evidence of the applicant's federal
registration to conduct such activity and shall be referred to the
Medical Research Commission for advice. The Medical Research
Commission shall promptly advise the Director concerning the
qualifications of each practitioner requesting such registration.
Registration for the purpose of bona fide research or of use for
scientific purposes with Schedule I substances by a practitioner
deemed qualified by the Medical Research Commission may be denied only
on a ground specified in subsection A of Section 2-304 of this title
or if there are reasonable grounds to believe that the applicant will
abuse or unlawfully transfer such substances or fail to safeguard
adequately such applicant's supply of such substances against
diversion from legitimate medical or scientific use.
D. 1. The Director shall initially permit persons to register who own
or operate any establishment engaged in the manufacture, distribution,
dispensing, prescribing, administering or use for scientific purposes
of any controlled dangerous substances prior to June 4, 1991, and who
are registered or licensed by the state. Fees for registration under
this section shall be as follows:
Practitioners and
mid-level practitioners $35.00 per year
of registration
Home Care Agencies,
Hospices & Home Care Services $35.00 annually
Distributors $50.00 annually
Manufacturers $100.00 annually
2. A registrant shall be required to pay double the amount of the
above-listed fee for any renewal of registration received more than
sixty (60) days late.
3. A Ten Dollar ($10.00) fee shall be charged for a duplicate
registration certificate.
E. Compliance by manufacturers and distributors with the provisions of
the Federal Controlled Substances Act, 21 U.S.C., Section 801 et seq.,
respecting registration, excluding fees, shall be deemed sufficient to
qualify for registration under this act.
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