247 CMR 11.12
Revocation and Suspension of Registration; Grounds; Effect
(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.