A. A person that resides in this state or in any other jurisdiction and that sells a narcotic or other controlled substance, a prescription-only drug or device, a nonprescription drug, a precursor chemical or a restricted chemical within or into this state shall hold a valid board-issued permit. If the person does not hold a valid board-issued permit, the person is subject to disciplinary action by the board.

Terms Used In Arizona Laws 32-1927.03

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Cease and Desist Letter: A letter requesting that a company stops the activity mentioned in the letter. Source: OCC
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Controlled substance: means a drug, substance or immediate precursor that is identified, defined or listed in Title 36, Chapter 27, Article 2 or the rules adopted pursuant to Title 36, Chapter 27, article 2. See Arizona Laws 32-1901
  • Director: means the director of the division of narcotics enforcement and criminal investigation of the department of public safety. See Arizona Laws 32-1901
  • Drug: means :

    (a) Articles that are recognized, or for which standards or specifications are prescribed, in the official compendium. See Arizona Laws 32-1901

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive director: means the executive director of the board of pharmacy. See Arizona Laws 32-1901
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Notice: means personal service or the mailing of a copy of the notice by certified mail and email addressed either to the person at the person's latest address of record in the board office or to the person and the person's attorney using the most recent information provided to the board in the board's licensing database. See Arizona Laws 32-1901
  • Person: means an individual, partnership, corporation and association, and their duly authorized agents. See Arizona Laws 32-1901
  • Precursor chemical: means a substance that is:

    (a) The principal compound that is commonly used or that is produced primarily for use and that is an immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail or limit manufacture. See Arizona Laws 32-1901

B. A person that after a formal hearing is found by the board to be in violation of subsection A of this section may be subject to a civil penalty not to exceed one thousand dollars for each violation of this chapter or a rule adopted pursuant to this chapter.

C. The board may charge the cost of a formal hearing to the person that the board finds to be in violation of this chapter or a rule adopted pursuant to this chapter or whose employee the board finds to be in violation of this chapter or a rule adopted pursuant to this chapter.

D. The board on its own motion or in response to a complaint may inspect or investigate, or delegate to the executive director the authority to inspect or investigate, any evidence that appears to show a person is or may be acting in violation of subsection A of this section. The board may:

1. Send, or delegate to the executive director the authority to send, a cease and desist letter regarding the person’s unauthorized business in this state.

2. Request a conference with the person if the board believes the information is or may be true. If the person refuses the invitation or fails to appear for the conference and the investigation indicates that grounds may exist for the board to impose a civil penalty, the board shall issue a formal notice that a hearing be held pursuant to Title 41, Chapter 6, Article 10.

3. Dismiss the complaint if the complaint is without merit.

 

  Previous section
Next section  
 Article 2 Contents