§ 35-48-3-5 — Denial, revocation, and suspension of registration; reinstatement

Indiana § 35-48-3-5

• Jurisdiction: Indiana
• Art. 48: CONTROLLED SUBSTANCES
• Ch. 3: Registration and Control

Text

(a) An application for registration or
reregistration submitted pursuant to and a registration issued under
section 3 of this chapter to manufacture, distribute, or dispense a
controlled substance may be denied, suspended, or revoked by the
board upon a finding that the applicant or registrant:
(1) has furnished false or fraudulent material information in any
application filed under this article;
(2) has violated any state or federal law relating to any controlled
substance;
(3) has had the applicant's or registrant's federal registration
suspended or revoked to manufacture, distribute, or dispense
controlled substances; or
(4) has failed to maintain reasonable controls against diversion of
controlled substances into other than legitimate medical,
scientific, or industrial channels.
(b) The board may limit revocation or suspension of a registration
or the denial of an application for registration or reregistration to the
particular controlled substance with respect to which grounds for
revocation, suspension, or denial exist.
(c) If the board suspends or revokes a registration or denies an
application for reregistration, all controlled substances owned or
possessed by the registrant at the time of suspension or the effective
date of the revocation or denial order may be placed under seal. The
board may require the removal of such substances from the premises.
No disposition may be made of substances under seal until the time for
taking an appeal has elapsed or until all appeals have been concluded
unless a court, upon application therefor, orders the sale of perishable
substances and the deposit of the proceeds of the sale with the court.
Upon a revocation or denial order becoming final, all controlled
substances may be forfeited to the state.
(d) The board shall promptly notify the Drug Enforcement
Administration of all orders suspending or revoking registration, all
orders denying any application for registration or reregistration, and all
forfeitures of controlled substances.
(e) If:
(1) the Drug Enforcement Administration terminates, denies,
suspends, or revokes a federal registration for the manufacture,
distribution, or dispensing of controlled substances; or
(2) the federal registration is surrendered for cause;
a registration issued by the board under this chapter is automatically
suspended.
(f) The board may reinstate a registration that has been suspended
under subsection (e), after a hearing, if the board is satisfied that the
applicant is able to manufacture, distribute, or dispense controlled
substances with reasonable skill and safety to the public. As a condition
of reinstatement, the board may impose disciplinary or corrective
measures authorized under IC 25-1-9-9 or this article.
(g) A registration issued under this chapter is automatically revoked
if any state license authorizing a dispenser to act as a practitioner is
revoked.
As added by Acts 1976, P.L.148, SEC.7. Amended by Acts
1981, P.L.170, SEC.8; P.L.197-2007, SEC.93; P.L.84-2010, SEC.95;
P.L.101-2020, SEC.9.