Code of Massachusetts Regulations
247 CMR - BOARD OF REGISTRATION IN PHARMACY
Title 247 CMR 11.00 - Registration Under The Controlled Substances Act (m.g.l. C.94c)
Section 11.12 - Revocation and Suspension of Registration; Grounds; Effect

Universal Citation: 247 MA Code of Regs 247.11

Current through Register 1531, September 27, 2024

(1) The Board may suspend or revoke a controlled substance registration issued by it after a hearing pursuant to the provisions of M.G.L. c. 30A upon a finding that the registrant:

(a) has furnished false or fraudulent material information in any application filed under the provisions of M.G.L. c. 94C;

(b) has been convicted under any state or federal law of any criminal violation relating to his or her fitness to be registered under M.G.L. c. 94C;

(c) has had his or her state or federal controlled substance registration to manufacture, distribute, dispense, administer or possess controlled substances suspended or revoked, or has voluntarily surrendered said controlled substance registration;

(d) is, upon good cause, found to be unfit or unqualified to manufacture, distribute, dispense, or possess any controlled substance; or

(e) has violated any provision of M.G.L. c. 94C and/or any other applicable federal or state laws and regulations.

(2) The suspension or revocation by the Board of a controlled substance registration shall be grounds for the suspension or revocation of the pharmacy license, outsourcing facility registration, or wholesale druggist's license issued by the Board.

(3) The Board may limit revocation or suspension of a controlled substance registration issued by it to the particular controlled substance with respect to which grounds for revocation or suspension exist.

(4) Whenever the Board has substantial reason to believe that a registrant to whom it has issued a controlled substance registration has committed a criminal violation of any provision of M.G.L. c. 94C, the Board shall promptly report all pertinent facts to the district attorney in the county where the violation is believed to have occurred or to the attorney general.

(5) If the Board suspends or revokes a controlled substances registration issued by it, all controlled substances which are affected by such suspension or revocation order at the time of suspension or the effective date of the revocation order shall be placed under embargo pursuant to the procedures prescribed in M.G.L. c. 94, §§ 189 and 189A. No disposition may be made of substances under such embargo 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 order becoming final, all controlled substances may be forfeited to the Commonwealth.

(6) The Board shall promptly notify the U.S. Drug Enforcement Administration and, where appropriate the Department of Public Health of all orders suspending or revoking a controlled substances registration and all forfeitures of controlled substances.

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