1. (a) The Arkansas State Board of Pharmacy will consider the following factors in determining eligibility for obtaining a permit as a wholesale distributor of List I chemicals:

   1. (1) Any convictions of the applicant under any federal, state, or local laws or rules pertaining to wholesale or retail drug distribution of:

      1. (A) List I chemicals;
      2. (B) Controlled substances; or
      3. (C) Prescription drugs;
   2. (2) Any felony convictions of the applicant under federal, state, or local laws;

   3. (3) The applicant’s past experience in the manufacture or distribution of:

      1. (A) List I chemicals;
      2. (B) Prescription drugs; or
      3. (C) Controlled substances;

   4. (4) The furnishing by the applicant of false or fraudulent material in any application made in connection with manufacturing or distribution of:

      1. (A) List I chemicals;
      2. (B) Prescription drugs; or
      3. (C) Controlled substances;

   5. (5) Suspension or revocation by federal, state, or local government of any permit currently or previously held by the applicant for the manufacture or distribution of any:

      1. (A) Drugs;
      2. (B) List I chemicals;
      3. (C) Prescription drugs; or
      4. (D) Controlled substances;
   6. (6) Compliance with registration requirements under previously granted permits, if any;
   7. (7) Compliance with the requirements to maintain and/or make available to the board or to federal, state, or local law enforcement officials those records required to be maintained by wholesale drug distributors of List I chemicals; and
   8. (8) Any other factors or qualifications the board considers relevant to and consistent with the public health and safety.
2. (b) The applicant shall be registered with the Drug Enforcement Administration as a retail distributor of List I chemicals and said registration shall be in good standing.
3. (c) The board reserves the right to deny a permit to an applicant if it determines that the granting of such a permit would not be in the public interest.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “(Revised 11/15/2003)"