65-4117. Registration. (a) The board shall register an applicant to manufacture, dispense or distribute controlled substances included in K.S.A. 65-4105, 65-4107, 65-4109, 65-4111 and 65-4113, and amendments to these sections, 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 the following factors:
(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 conviction of the applicant under any federal and state laws relating to any controlled substance;
(4) past experience in the manufacture, dispensing 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 act;
(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) does not entitle a registrant to manufacture and distribute controlled substances in schedule I or II other than those specified in the registration.
(c) Practitioners shall be registered to dispense any controlled substances or to conduct research with controlled substances in schedules II through V if they are authorized to prescribe or to conduct research under the laws of this state.
(d) Pharmacists shall be registered to dispense schedule I designated prescription substances and controlled substances in schedules II through V if none of the grounds for revocation, suspension or refusal to renew a registration exist at the time of application.
(e) The board need not require separate registration under this act for practitioners or pharmacists engaging in research with nonnarcotic controlled substances in schedules II through V where the registrant is already registered under this act in another capacity. Practitioners or pharmacists registered under federal law to conduct research with schedule I substances may conduct research with schedule I substances within this state upon furnishing the board evidence of that federal registration.
(f) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration (excluding fees) entitles them to be registered under this act.
History: L. 1972, ch. 234, § 17; L. 1986, ch. 242, § 1; May 1.
Structure Kansas Statutes
Article 41 - Controlled Substances
65-4105 Substances included in schedule I.
65-4107 Substances included in schedule II.
65-4109 Substances included in schedule III.
65-4111 Substances included in schedule IV.
65-4113 Substances included in schedule V.
65-4116 Registration requirements, exceptions; termination of registration.
65-4118 Revocation and suspension of registration.
65-4119 Denial, suspension, revocation or refusal to renew registration; order to show cause.
65-4120 Judicial review of board's actions.
65-4121 Registrants to keep records and inventories.
65-4122 Order forms for distribution of substances in schedules I and II.
65-4123a Gratuitous distribution of certain controlled substances prohibited.
65-4127c General penalties; criminal penalties not applicable to violations of regulations.
65-4128 Penalties in addition to remedies under other laws.
65-4133 Search warrant procedure.
65-4134 Identity of patient or research subject of practitioner confidential.
65-4138 Medical care facility exemption.
65-4157 Severability of provisions of act.