(1) An applicant for a license under this part 2 shall have adequate and proper facilities for the handling and storage of controlled substances and shall maintain proper control over the controlled substances to ensure the controlled substances are not illegally dispensed or distributed.
(2) Repealed.
(3) The BHA shall not grant a license to a person who has been convicted within the last two years of a willful violation of this part 2 or any other state or federal law regulating controlled substances.
(4) Except for fees, compliance by a registrant with the provisions of the federal law respecting registration entitles the registrant to be licensed under this part 2.
Source: L. 2012: Entire part added with relocations, (SB 12-1311), ch. 281, p. 1604, � 5, effective July 1. L. 2019: (2) repealed, (SB 19-219), ch. 277, p. 2615, � 5, effective August 2. L. 2022: (3) amended, (HB 22-1278), ch. 222, p. 1565, � 167, effective July 1.
Editor's note: This section is similar to former � 12-22-307 as it existed prior to 2012.
27-80-208. Denial, revocation, or suspension of license - other disciplinary actions - notice. (1) The BHA may deny, suspend, or revoke a license issued under this part 2 pursuant to article 4 of title 24, or take other disciplinary action as set forth in subsection (2.5) of this section, at the BHA's discretion, upon a finding that the licensee:
(a) Has furnished false or fraudulent information in an application filed under this part 2;
(b) Has been convicted of, or has had accepted by a court a plea of guilty or nolo contendere to, a felony under any state or federal law relating to a controlled substance;
(c) Has had his or her federal registration to manufacture, distribute, or dispense a controlled substance suspended or revoked; or
(d) Has violated any provision of this part 2 or the rules of the BHA or of the state board of human services created in section 26-1-107.
(2) The BHA may limit revocation or suspension of a license to the particular controlled substance that was the basis for revocation or suspension.
(2.5) If the BHA determines that a licensee has committed an act that would authorize the BHA to deny, revoke, or suspend a license, the BHA may, at its discretion, impose other disciplinary actions that may include, but need not be limited to, a fine not to exceed five hundred dollars, probation, or stipulation.
(3) If the BHA suspends or revokes a license, the BHA may place all controlled substances owned or possessed by the licensee at the time of the suspension or on the effective date of the revocation order under seal. The BHA may not dispose of substances under seal until the time for making an appeal has elapsed or until all appeals have been concluded, unless a court orders otherwise or orders the sale of any perishable controlled substances and the deposit of the proceeds with the court. When a revocation order becomes final, all controlled substances may be forfeited to the state.
(4) The BHA shall promptly notify the bureau and the appropriate professional licensing agency, if any, of all charges and the final disposition of the charges, and of all forfeitures of a controlled substance.
(5) (a) On or before July 1, 2020, the BHA shall develop and implement a formal, simple, accurate, and objective system to track and categorize complaints made against a licensee and disciplinary action taken pursuant to this part 2.
(b) Repealed.
Source: L. 2012: Entire part added with relocations, (SB 12-1311), ch. 281, p. 1604, � 5, effective July 1. L. 2014: IP(1) amended and (2.5) added, (HB 14-1173), ch. 291, p. 1192, � 3, effective May 31. L. 2019: IP(1) and (1)(c) amended and (5) added, (SB 19-219), ch. 277, p. 2615, � 6, effective August 2. L. 2022: IP(1), (1)(d), (2), (2.5), (3), (4), and (5)(a) amended, (HB 22-1278), ch. 222, p. 1565, � 168, effective July 1.
Editor's note: (1) This section is similar to former � 12-22-308 as it existed prior to 2012.
(2) Subsection (5)(b)(II) provided for the repeal of subsection (5)(b), effective July 1, 2021. (See L. 2019, p. 2615.)