North Carolina Administrative Code
Title 10A - HEALTH AND HUMAN SERVICES
Chapter 26 - MENTAL HEALTH, GENERAL
Subchapter F - CONTROLLED SUBSTANCES
Section .0100 - SCHEDULES OF CONTROLLED SUBSTANCES
Section 26F .0110 - APPLICATION FOR EXEMPT CHEMICAL PREPARATIONS
Current through Register Vol. 39, No. 6, September 16, 2024
(a) Any person seeking to have any preparation or mixture containing controlled substances and one or more noncontrolled substances exempted from the application of all or any part of the act pursuant to General Statute Chapter 90-88(g) may apply to the Commission for Mental Health, Developmental Disabilities and Substance Abuse Services.
(b) An application for an exemption under this Rule shall contain the following information:
(c) The Commission for Mental Health, Developmental Disabilities and Substance Abuse Services may require the applicant to submit such documents or written statements of fact relevant to the application as it deems necessary to determine whether the application should be granted.
(d) Within a reasonable period of time after the receipt of an application for an exemption under this Rule, the Commission for Mental Health, Developmental Disabilities and Substance Abuse Services shall notify the applicant of its acceptance or nonacceptance of his application and, if not accepted, the reason therefor. The Commission for Mental Health, Developmental Disabilities and Substance Abuse Services need not accept an application for filing if any of the requirements prescribed in Paragraph (b) of this Rule or requested pursuant to Paragraph (c) of this Rule is lacking or is not set forth as to be readily understood. If the applicant desires, he may amend the application to meet the requirements of Paragraphs (b) and (c) of this Rule. If the application is accepted, the Commission for Mental Health, Developmental Disabilities and Substance Abuse Services shall issue and publish in three newspapers of statewide circulation qualified for legal advertising in accordance with Rule 4 of the North Carolina Rules of Civil Procedure its final order on the application. This order shall specify the date on which it shall take effect which shall not be less than 30 days from the date of publication unless the Commission for Mental Health, Developmental Disabilities and Substance Abuse Services finds that conditions of public health or safety necessitate an earlier effective date in which event the Commission for Mental Health, Developmental Disabilities and Substance Abuse Services shall specify in the order its findings as to such conditions.
(e) In the event a preparation or mixture containing controlled substance no longer meets the criteria in G.S. 90-88(e) for being excluded, the Commission for Mental Health, Developmental Disabilities and Substance Abuse Services may at any time revoke or modify any exemption granted pursuant to this Section by following the procedure set forth in Paragraph (d) of this Rule for handling an application for exemption.
Authority
G.S.
90-88;
Eff. June 30,
1978;
Amended Eff. May 1, 1990;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. February 2,
2016.