50-32-311. Revocation or suspension of registration. (1) A registration under 50-32-301 to manufacture, distribute, or dispense a dangerous drug may be suspended or revoked by the board upon a finding that the registrant has:

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Terms Used In Montana Code 50-32-311

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Board: means the board of pharmacy provided for in 2-15-1733. See Montana Code 50-32-101
  • Bureau: means the drug enforcement administration, United States department of justice, or its successor agency. See Montana Code 50-32-101
  • Dangerous drug: means a drug, substance, or immediate precursor in Schedules I through V set forth in Title 50, chapter 32, part 2. See Montana Code 50-32-101
  • Dispense: means to deliver a dangerous drug to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the drug for that delivery. See Montana Code 50-32-101
  • Distribute: means to deliver other than by administering or dispensing a dangerous drug. See Montana Code 50-32-101
  • Manufacture: means the production, preparation, propagation, compounding, conversion, or processing of a dangerous drug either directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis and includes the packaging or repackaging of the drug or labeling or relabeling of its container. See Montana Code 50-32-101
  • State: when applied to a part of the United States, includes a state, district, commonwealth, territory, insular possession of the United States, and any area subject to the legal authority of the United States of America. See Montana Code 50-32-101

(a)furnished false or fraudulent material information in any application filed under this chapter;

(b)been convicted of a felony under any state or federal law relating to any dangerous drug or controlled substance; or

(c)had the registrant’s federal registration suspended or revoked to manufacture, distribute, or dispense controlled substances.

(2)The board may limit revocation or suspension of a registration to the particular dangerous drug with respect to which grounds for revocation or suspension exist.

(3)If the board suspends or revokes a registration, all dangerous drugs owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. A disposition may not be made of drugs under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application, orders the sale of perishable drugs and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all dangerous drugs may be forfeited to the state.

(4)The board shall promptly cause the bureau to be notified of all orders suspending or revoking registration and all forfeitures of dangerous drugs.