(a)  A registration to manufacture, distribute, prescribe, administer, or dispense a controlled substance may be suspended or revoked by the director of health upon a finding that the continuance of that registration would be inconsistent with the public interest. In considering the public interest, the director of health may consider, but shall not be limited to, the following factors:

(1)  Maintenance of effective controls against diversion of controlled substances into other than legitimate medical, scientific, or industrial channels;

(2)  The registrant is not in compliance with applicable federal, state, or local law;

(3)  The registrant has been convicted of a crime or has pleaded nolo contendere to a violation of any state or federal law;

(4)  The registrant or registrant’s establishment lacks or cannot establish or maintain effective controls to guard against diversion of controlled substances;

(5)  That the applicant or registrant has furnished false or fraudulent material information in any application filed under this chapter;

(6)  That the registrant has had his or her federal registration to manufacture, distribute, prescribe, administer, or dispense controlled substances suspended or revoked;

(7)  Abuse or excessive use of controlled substances by the registrant; or

(8)  Possessing, using, prescribing, dispensing, or administering controlled substances except for a legitimate medical or scientific purpose.

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Terms Used In Rhode Island General Laws 21-28-3.04

  • Administer: refers to the direct application of controlled substances to the body of a patient or research subject by:

    (i)  A practitioner, or, in his or her presence by his or her authorized agent; or

    (ii)  The patient or research subject at the direction and in the presence of the practitioner whether the application is by injection, inhalation, ingestion, or any other means. See Rhode Island General Laws 21-28-1.02

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Controlled substance: means a drug, substance, immediate precursor, or synthetic drug in schedules I — V of this chapter. See Rhode Island General Laws 21-28-1.02
  • Director: means the director of health. See Rhode Island General Laws 21-28-1.02
  • Dispense: means to deliver, distribute, leave with, give away, or dispose of a controlled substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the packaging, labeling, or compounding necessary to prepare the substance for that delivery. See Rhode Island General Laws 21-28-1.02
  • Distribute: means to deliver (other than by administering or dispensing) a controlled substance or an imitation controlled substance and includes actual constructive, or attempted transfer. See Rhode Island General Laws 21-28-1.02
  • Drug Enforcement Administration: means the Drug Enforcement Administration, United States Department of Justice or its successor. See Rhode Island General Laws 21-28-1.02
  • Federal law: means the Comprehensive Drug Abuse Prevention and Control Act of 1970, (84 stat. See Rhode Island General Laws 21-28-1.02
  • Manufacture: means the production, preparation, propagation, cultivation, compounding, or processing of a drug or other substance, including an imitation controlled substance, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repackaging of the substance or labeling or relabeling of its container in conformity with the general laws of this state except by a practitioner as an incident to his or her administration or dispensing of the drug or substance in the course of his or her professional practice. See Rhode Island General Laws 21-28-1.02
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.

(b)  The director of health may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.

(c)  If the director of health suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under embargo. No disposition may be made of substances under embargo until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application for the court order, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances or the proceeds of the sale of the controlled substances shall be forfeited to the state.

(d)  The director of health shall promptly notify the Drug Enforcement Administration of all orders or revoking registration and all forfeitures of controlled substances.

History of Section.
P.L. 1974, ch. 183, § 2; P.L. 1980, ch. 257, § 1.