§ 36-11A-29 — Inspection of facility--Qualifications of designated representative.

The board may not issue a wholesale distributor license to an applicant, unless the board or a nationally recognized accreditation program approved by the board: (1) Conducts a physical inspection of the facility at the address provided by the applicant as required in subdivision 36-11A-28(1); and (2) Determines that the designated representative meets the following qualifications: (a) Is at least twenty-one years of age; (b) Has been employed full time for at least three years in a pharmacy or with a wholesale distributor in a capacity related to the dispensing and distribution of, and recordkeeping relating to, prescription drugs; (c) Is employed by the applicant full time in a managerial level position; (d) Is actively involved in and aware of the actual daily operation of the wholesale distributor; (e) Is physically present at the facility of the applicant during regular business hours, except when the absence of the designated representative is authorized, including sick leave and vacation leave; (f) Is serving in the capacity of a designated representative for only one applicant at a time, except where more than one licensed wholesale distributor is co-located in the same facility and such wholesale distributors are members of an affiliated group, as defined in Section 1504 of the Internal Revenue Code; (g) Does not have any convictions under any federal, state, or local laws relating to wholesale or retail prescription drug distribution or distribution of controlled substances; and (h) Does not have any felony convictions under federal or state laws.

Legislative History

SL 2007, ch 215, § 11.