* This message forwarded from private area of Rich Woods
  * Original message dated 31 Dec 96  09:55:21, from "  Ray Dunegan" 
 
 Apparently-to: rich.woods@245.genesplicer.org
From: "  Ray Dunegan" 
Date: Tue, 31 Dec 1996 12:55:21 -0500
    interest.  In determining the public interest, the following
    factors shall be considered:
        (1) maintenance of effective control against diversion of
      particular controlled substances into other than legitimate
      medical, scientific, and industrial channels;
        (2) compliance with applicable State and local law;
        (3) prior conviction record of applicant under Federal or State
      laws relating to the manufacture, distribution, or dispensing of
      such substances;
        (4) past experience in the distribution of controlled
      substances; and
        (5) such other factors as may be relevant to and consistent
      with the public health and safety.
    (c) Limits of authorized activities
      Registration granted under subsections (a) and (b) of this
    section shall not entitle a registrant to (1) manufacture or
    distribute controlled substances in schedule I or II other than
    those specified in the registration, or (2) manufacture any
    quantity of those controlled substances in excess of the quota
    assigned pursuant to section 826 of this title.
    (d) Manufacturers of controlled substances in schedule III, IV, or
        V
      The Attorney General shall register an applicant to manufacture
    controlled substances in schedule III, IV, or V, unless he
    determines that the issuance of such registration is inconsistent
    with the public interest.  In determining the public interest, the
    following factors shall be considered:
        (1) maintenance of effective controls against diversion of
      particular controlled substances and any controlled substance in
      schedule III, IV, or V compounded therefrom into other than
      legitimate medical, scientific, or industrial channels;
        (2) compliance with applicable State and local law;
        (3) promotion of technical advances in the art of manufacturing
      these substances and the development of new substances;
        (4) prior conviction record of applicant under Federal or State
      laws relating to the manufacture, distribution, or dispensing of
      such substances;
        (5) past experience in the manufacture, distribution, and
      dispensing of controlled substances, and the existence in the
      establishment of effective controls against diversion; and
        (6) such other factors as may be relevant to and consistent
      with the public health and safety.
    (e) Distributors of controlled substances in schedule III, IV, or V
      The Attorney General shall register an applicant to distribute
    controlled substances in schedule III, IV, or V, unless he
    determines that the issuance of such registration is inconsistent
    with the public interest.  In determining the public interest, the
    following factors shall be considered:
        (1) maintenance of effective controls against diversion of
      particular controlled substances into other than legitimate
      medical, scientific, and industrial channels;
        (2) compliance with applicable State and local law;
        (3) prior conviction record of applicant under Federal or State
      laws relating to the manufacture, distribution, or dispensing of
      such substances;
        (4) past experience in the distribution of controlled
      substances; and
        (5) such other factors as may be relevant to and consistent
      with the public health and safety.
    (f) Research by practitioners; pharmacies; research applications;
        construction of Article 7 of the Convention on Psychotropic
        Substances
      The Attorney General shall register practitioners (including
    pharmacies, as distinguished from pharmacists) to dispense, or
    conduct research with, controlled substances in schedule II, III,
    IV, or V, if the applicant is authorized to dispense, or conduct
    research with respect to, controlled substances under the laws of
    the State in which he practices.  The Attorney General may deny an
    application for such registration if he determines that the
    issuance of such registration would be inconsistent with the public
    interest.  In determining the public interest, the following
    factors shall be considered:
        (1) The recommendation of the appropriate State licensing board
      or professional disciplinary authority.
        (2) The applicant's experience in dispensing, or conducting
      research with respect to controlled substances.
        (3) The applicant's conviction record under Federal or State
      laws relating to the manufacture, distribution, or dispensing of
      controlled substances.
        (4) Compliance with applicable State, Federal, or local laws
      relating to controlled substances.
        (5) Such other conduct which may threaten the public health and
      safety.
    Separate registration under this part for practitioners engaging in
    research with controlled substances in schedule II, III, IV, or V,
    who are already registered under this part in another capacity,
    shall not be required.  Registration applications by practitioners
    wishing to conduct research with controlled substances in schedule
    I shall be referred to the Secretary, who shall determine the
    qualifications and competency of each practitioner requesting
    registration, as well as the merits of the research protocol.  The
    Secretary, in determining the merits of each research protocol,
    shall consult with the Attorney General as to effective procedures
    to adequately safeguard against diversion of such controlled
    substances from legitimate medical or scientific use.  Registration
    for the purpose of bona fide research with controlled substances in
    schedule I by a practitioner deemed qualified by the Secretary may
    be denied by the Attorney General only on a ground specified in
    section 824(a) of this title.  Article 7 of the Convention on
    Psychotropic Substances shall not be construed to prohibit, or
    impose additional restrictions upon, research involving drugs or
    other substances scheduled under the convention which is conducted
    in conformity with this subsection and other applicable provisions
    of this subchapter.
    (g) Practitioners dispensing narcotic drugs for narcotic treatment;
        annual registration; separate registration; qualifications
      Practitioners who dispense narcotic drugs to individuals for
    maintenance treatment or detoxification treatment shall obtain
    annually a separate registration for that purpose.  The Attorney
    General shall register an applicant to dispense narcotic drugs to
    individuals for maintenance treatment or detoxification treatment
    (or both)
        (1) if the applicant is a practitioner who is determined by the
      Secretary to be qualified (under standards established by the
      Secretary) to engage in the treatment with respect to which
      registration is sought;
        (2) if the Attorney General determines that the applicant will
      comply with standards established by the Attorney General
      respecting (A) security of stocks of narcotic drugs for such
      treatment, and (B) the maintenance of records (in accordance with
      section 827 of this title) on such drugs; and
        (3) if the Secretary determines that the applicant will comply
      with standards established by the Secretary (after consultation
      with the Attorney General) respecting the quantities of narcotic
      drugs which may be provided for unsupervised use by individuals
      in such treatment.
 
-SOURCE-
    (Pub. L. 91-513, title II, Sec. 303, Oct. 27, 1970, 84 Stat. 1253;
    Pub. L. 93-281, Sec. 3, May 14, 1974, 88 Stat. 124; Pub. L. 95-633,
    title I, Sec. 109, Nov. 10, 1978, 92 Stat. 3773; Pub. L. 98-473,
    title II, Sec. 511, Oct. 12, 1984, 98 Stat. 2073.)
 
-REFTEXT-
                             REFERENCES IN TEXT
      Schedules I, II, III, IV, and V, referred to in subsecs. (a) to
    (f), are set out in section 812(c) of this title.
 
-MISC2-
                                 AMENDMENTS
      1984 - Subsec. (f). Pub. L. 98-473 amended subsec. (f) generally,
    substituting provisions relating to registration authority of
    Attorney General respecting dispensation or conduct of research
    with controlled research, and separate authority of Secretary
    respecting registration, for provisions relating to general
    registration requirements respecting dispensation or conduct of
    research with controlled or nonnarcotic controlled substances.
      1978 - Subsec. (f). Pub. L. 95-633 inserted provision relating to
    the construction of the Convention on Psychotropic Substances.
      1974 - Subsec. (g). Pub. L. 93-281 added subsec. (g).
                      EFFECTIVE DATE OF 1978 AMENDMENT
      Amendment by Pub. L. 95-633 effective on date the Convention on
    Psychotropic Substances enters into force in the United States
    (July 15, 1980), see section 112 of Pub. L. 95-633, set out as an
    Effective Date note under section 801a of this title.
                          PROVISIONAL REGISTRATION
      For provisional registration of persons engaged in manufacturing,
    distributing, or dispensing of controlled substances on the day
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