Registration requirements
To get a license to handle controlled substances in Missouri, a person or business has to show they are of good character and have the right equipment. People with recent drug-related crimes cannot get a license — two years for misdemeanors, seven years for felonies. The state health department can take away or limit a license if someone breaks the rules, lies on an application, or gets convicted of a drug felony. If a license is taken away, the person may have to wait up to five years before applying again.
195.040. requirements — and — by — may be denied up to five years. — 1. No registration shall be d under section 195.030 unless and until the therefor has furnished satisfactory to the :
(1) That the applicant is of good moral character or, if the applicant be an association or , that the managing officers are of good moral character;
(2) That the applicant is equipped as to land, buildings, and properly to carry on the business described in his or her .
2. No registration shall be granted to any person who has within two years been ly and , or entered a or , in a under the laws of any state or of the United States, for any or within seven years for any offense related to . No registration shall be granted to any person who is abusing controlled substances.
3. The department of health and senior services shall an applicant to , or controlled substances unless it that the of that registration would be inconsistent with the public interest. In determining the public interest, the following factors shall be considered:
(1) of effective controls against of controlled substances into other than medical, scientific, or industrial channels;
(2) with applicable state and local law;
(3) Any of an applicant under any federal or state laws relating to any ;
(4) Past in the manufacture or distribution of controlled substances and the existence in the applicant's of effective controls against diversion;
(5) Furnishing by the applicant of false or in any application filed under this chapter;
(6) Suspension or revocation of the applicant's federal registration to manufacture, distribute or dispense or controlled dangerous drugs as by federal law; and
(7) Any other factors relevant to and consistent with the public health and safety.
4. Registration does not entitle a to manufacture and distribute controlled substances in I or II other than those specified in the registration.
5. Practitioners shall be to dispense any controlled substance or to conduct research with controlled substances in Schedules II through V if they are authorized to dispense or conduct research under the laws of this state. The department of health and senior services need not require separate registration under this chapter for practitioners engaging in research with 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 department of health and senior services evidence of that federal registration.
6. Compliance by manufacturers and distributors with the of federal law respecting registration, excluding fees, shall entitle them to be registered under this chapter.
7. A registration to manufacture, distribute, or dispense a controlled substance may be or by the department of health and senior services upon a finding that the registrant:
(1) Has furnished false or fraudulent material information in any application filed under this chapter;
(2) Has been of a felony under any state or federal law relating to any controlled substance;
(3) Has had his or her federal registration to manufacture, distribute or dispense suspended or revoked;
(4) Has violated any federal controlled substances statute or , or any of this chapter or chapter 579 or regulation under this chapter; or
(5) Has had the registrant's professional to practice suspended or revoked.
8. The department of health and senior services may warn or a registrant; limit a registration to particular controlled substances or schedules of controlled substances; limit revocation or suspension of a registration to a particular controlled substance with respect to which grounds for revocation or suspension exist; restrict or limit a registration under such terms and conditions as the department of health and senior services considers for a period of five years; or a registration for a period not to exceed five years; or deny an application for registration. In any of revocation, the department of health and senior services may provide that the registrant may not apply for a new registration for a period of time ranging from one to five years following the date of the order of revocation. All orders shall this time period. Any registration placed under a limitation or restriction by the department of health and senior services shall be termed "under ".
9. If the department of health and senior services suspends or a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the of the revocation order may be placed under seal by such agency and held pending of the case. No may be made of substances under seal until the time for taking an has elapsed or until all appeals have been concluded, unless a court, upon application therefor, orders the sale of and the of the of the sale with the court. Upon a revocation order becoming final, all controlled substances may be to the state.
10. The department of health and senior services may, upon review, terminate any restriction or limitation previously imposed upon a registration by the department of health and senior services if the registrant has remained in compliance with the imposed or limitations and local, state and federal laws since the time the restrictions or limitations were imposed.
11. The department of health and senior services shall promptly notify the , United States of Justice, or its agency, of all orders suspending or revoking registration and all forfeitures of controlled substances.
12. If after first providing the registrant an opportunity for an informal conference, the department of health and senior services proposes to deny, suspend, restrict, limit or revoke a registration or refuse a renewal of registration, the department of health and senior services shall serve upon the applicant or registrant written notice of the proposed to be taken on the application or registration. The notice shall contain a statement of the type of discipline proposed, the basis therefor, the date such action shall go into effect and a statement that the registrant shall have thirty days to request in writing a before the administrative hearing commission. If no written request for a hearing is received by the department of health and senior services within thirty days of the applicant's or registrant's receipt of the notice, the proposed discipline shall take effect thirty-one days from the date the original notice was received by the applicant or registrant. If the registrant or applicant makes a written request for a hearing, the department of health and senior services shall file a with the administrative hearing commission within sixty days of receipt of the written request for a hearing. The complaint shall comply with the laws and regulations for actions brought before the administrative hearing commission. The department of health and senior services may issue letters of censure or warning and may enter into agreements with a registrant or applicant which restrict or limit a registration without formal notice or hearing.
13. The department of health and senior services may suspend any registration simultaneously with the institution of proceedings under 7 of this section if the department of health and senior services finds that there is to the public health or safety which this action. The suspension shall continue in effect until the conclusion of the proceedings, including review thereof, unless sooner withdrawn by the department of health and senior services, by a or by the administrative hearing commission.
(RSMo 1939 § 9835, A.L. 1971 H.B. 69, A.L. 1978 S.B. 651, A.L. 1987 H.B. 51 & 49, A.L. 1989 S.B. 215 & 58, A.L. 1994 S.B. 594, A.L. 1997 H.B. 635, A.L. 1998 H.B. 1147, et al., A.L. 2014 S.B. 491)
Effective 1-01-17
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.