Note: This version of section effective 7-1-2023. See also preceding version of this section, effective until 7-1-2023.
Sec. 4. (a) The board shall register an applicant to manufacture or distribute controlled substances unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board shall consider:
(1) maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;
(2) compliance with applicable state and local law;
(3) any convictions of the applicant under any federal and state laws relating to any controlled substance;
(4) past experience in the manufacture or distribution 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 article;
(6) suspension or revocation of the applicant's federal registration to manufacture, distribute, or dispense controlled substances as authorized by federal law; and
(7) any other factors relevant to and consistent with the public health and safety.
(b) Registration under subsection (a) of this section does not entitle a registrant to manufacture and distribute controlled substances in schedules I or II other than those specified in the registration.
(c) Practitioners must be registered to dispense any controlled substances or to conduct research with controlled substances in schedules II through V if they are authorized to dispense or conduct research under the law of this state. The board need not require separate registration under this chapter for practitioners engaging in research with nonnarcotic controlled substances in schedules II through V where the registrant is already registered under this chapter in another capacity, to the extent authorized by the registrant's registration in that other capacity.
(d) Registration to conduct research or instructional activities with controlled substances in schedules I through V does not entitle a registrant to conduct research or instructional activities with controlled substances other than those approved by the board in accordance with the registration.
(e) The board may consult with the Indiana board of veterinary medicine before issuing a registration to a person:
(1) who seeks to conduct research or instructional activities with controlled substances in schedules I through IV; and
(2) whose activities constitute the practice of veterinary medicine (as defined by IC 25-38.1-1-12).
(f) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees) entitles them to be registered under this article.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts 1981, P.L.170, SEC.7; P.L.84-2010, SEC.94; P.L.48-2022, SEC.33.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 48. Controlled Substances
Chapter 3. Registration and Control
35-48-3-2. Limited Permits for Entities Operating Animal Shelters
35-48-3-2-b. Limited Permits for Entities Operating Animal Shelters
35-48-3-3. Registration Requirements
35-48-3-3.5. Opioid Prescribing and Opioid Abuse Continuing Education Requirements; Expiration
35-48-3-5. Denial, Revocation, and Suspension of Registration; Reinstatement
35-48-3-6. Order to Show Cause
35-48-3-7. Records of Registrants
35-48-3-11. Treatment for Weight Reduction or to Control Obesity