§ 106-145.5. Review of application and qualifications of applicant. - North Carolina Statutes

§ 106‑145.5. Review of application and qualifications of applicant.

The Commissioner shall determine whether to issue or deny a wholesaledistributor license within 90 days after an applicant files an application fora license with the Commissioner.  In reviewing an application, the Commissionershall consider the factors listed in this subsection.  In the case of apartnership or corporation, the Commissioner shall consider the factors asapplied to each individual whose name is required to be included in the licenseapplication.

The factors to be considered are:

(1)        Any convictions of the applicant under any federal, state,or local law relating to drug samples, wholesale or retail drug distribution,or distribution of controlled substances.

(2)        Any felony convictions of the applicant under federal,state, or local law.

(3)        The applicant's past experience in the manufacture ordistribution of controlled substances and other prescription drugs.

(4)        Whether the applicant has previously given any false or fraudulentinformation in an application made in connection with drug manufacturing ordistribution.

(5)        Suspension or revocation by the federal government or astate or local government of any license currently or previously held by theapplicant for the manufacture or distribution of any controlled substances orother prescription drugs.

(6)        Compliance with the licensing requirements under anypreviously granted license.

(7)        Compliance with the requirements to maintain or makeavailable to the Commissioner or to a federal, state, or local law enforcementofficial those records required under G.S. 106‑145.8.

(8)        Whether the applicant requires employees of the applicantwho are involved in any prescription drug wholesale distribution activity tohave education, training, experience, or any combination of these factorssufficient to enable the employee to perform assigned functions in a mannerthat ensures that prescription drug quality, safety, and security will bemaintained at all times as required by law.

(9)        Any other factors or qualifications the Commissionerconsiders relevant to and consistent with the public health and safety.

The Commissioner shall inspect the facility of an applicant at whichprescription drugs will be stored, handled, or distributed before issuing theapplicant a license. (1991, c. 699, s. 2.)