West Virginia Code § 60A-3-303

What applicants to be registered; determination of public interest;
Open in Lexace · Ask the AI about this section
rights of registrants.
(a) The state Board of Pharmacy shall register an applicant to manufacture or distribute
controlled substances included in Schedules I, II, III, IV and V unless it determines that the
issuance of that registration would be inconsistent with the public interest. In determining
the public interest, the state Board of Pharmacy shall consider the followinge 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 convictions of the applicant under any federal or state laws relating to any controlled
substance; a
(4) Past experience in the manufacture or distributlion 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 relLevant 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) WPractitioners 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 appropriate department,
board, or agency, as specified in section 301, need not require separate registration under
this article for practitioners engaging in research with nonnarcotic controlled substances in
Schedules II through V where the registrant is already registered under this article 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 appropriate department, board, or agency evidence of that federal
registration.
(d) Compliance by manufacturers and distributors with the provisions of the federal law
respecting registration (excluding fees) entitles them to be registered under this act.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.