[Code of Federal Regulations]
[Title 21, Volume 4]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR205.6]

[Page 95]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                                SERVICES
 
PART 205--GUIDELINES FOR STATE LICENSING OF WHOLESALE PRESCRIPTION DRUG DISTRIBUTORS--Table of Contents
 
Sec. 205.6  Minimum qualifications.

    (a) The State licensing authority shall consider, at a minimum, the 
following factors in reviewing the qualifications of persons who engage 
in wholesale distribution of prescription drugs within the State:
    (1) Any convictions of the applicant under any Federal, State, or 
local laws 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 laws;
    (3) The applicant's past experience in the manufacture or 
distribution of prescription drugs, including controlled substances;
    (4) The furnishing by the applicant of false or fraudulent material 
in any application made in connection with drug manufacturing or 
distribution;
    (5) Suspension or revocation by Federal, State, or local government 
of any license currently or previously held by the applicant for the 
manufacture or distribution of any drugs, including controlled 
substances;
    (6) Compliance with licensing requirements under previously granted 
licenses, if any;
    (7) Compliance with requirements to maintain and/or make available 
to the State licensing authority or to Federal, State, or local law 
enforcement officials those records required under this section; and
    (8) Any other factors or qualifications the State licensing 
authority considers relevant to and consistent with the public health 
and safety.
    (b) The State licensing authority shall have the right to deny a 
license to an applicant if it determines that the granting of such a 
license would not be in the public interest.