Section 21-28-5.08. – Burden of proof.
§ 21-28-5.08. Burden of proof. (a) It shall not be necessary for the state to negate any exemption or exception set forth in this chapter in any complaint, information, indictment, or other pleading or in any trial, hearing, or other proceeding under this chapter, and the burden of pleading and proof of any exemption or […]
Section 21-28-5.09. – Revocation of license of persons convicted.
§ 21-28-5.09. Revocation of license of persons convicted. On the conviction of any person of the violation of any provision of this chapter, a copy of the judgment or decision and the sentence, and of the opinion of the court, if one is filed, shall immediately be sent by the clerk of the court to […]
Section 21-28-5.10. – Inspection of records — Information or knowledge obtained confidential.
§ 21-28-5.10. Inspection of records — Information or knowledge obtained confidential. Prescriptions, orders, and records required by this chapter, and stocks of controlled substances, shall be open for inspection only to federal, state, county, and municipal officers, whose duty it is to enforce the laws of this state or of the United States relating to […]
Section 21-28-5.11. – Suspension of license or registration of drug dependent persons.
§ 21-28-5.11. Suspension of license or registration of drug dependent persons. If any person licensed or registered to practice his or her profession, trade, occupation, or carry on his or her business shall at any time, after a fair hearing held upon reasonable notice, and upon the production of sufficient evidence, is found by the […]
Section 21-28-5.12. – Appropriations and disbursements.
§ 21-28-5.12. Appropriations and disbursements. The general assembly shall annually appropriate any sums that it may deem necessary for the payment of the necessary expenses incurred by the department in the performance of its duties; and the state controller is authorized and directed to draw his or her orders upon the general treasurer for the […]
Section 21-28-5.13. – Severability.
§ 21-28-5.13. Severability. If any provision of this chapter or the application of it to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are […]
Section 21-28-5.14. – Judicial review.
§ 21-28-5.14. Judicial review. All final determinations, findings, and conclusions of the director of health under this chapter shall be final and conclusive decisions of the matters involved, except that any person aggrieved by the decision may obtain review of the decision in the superior court. Findings of fact by the director of health, if […]
Section 21-28-5.07.3. – Disclosure.
§ 21-28-5.07.3. Disclosure. Notwithstanding the decision of the justice, any materials submitted or testimony offered pursuant to § 21-28-5.07.1 shall be kept under seal and not available for inspection, except after a hearing by the issuing justice who shall determine, prior to their release, that the sealing of the records is no longer necessary for […]
Section 21-28-5.07.4. – Control of controlled substance.
§ 21-28-5.07.4. Control of controlled substance. (a) Any controlled substance, which has been authorized to be used by the state police, local police or investigator appointed pursuant to § 42-9-8.1 designated by the attorney general in investigations of controlled substance violations shall be kept under the physical control of the requesting law enforcement agency until […]
Section 21-28-5.07.5. – Rules and regulations.
§ 21-28-5.07.5. Rules and regulations. The attorney general shall promulgate rules and regulations in furtherance of the administration of his or her responsibilities pursuant to this chapter and concerning the custody and control of all controlled substances utilized pursuant to § 21-28-5.07.1 and no application for use of controlled substances shall be applied for until […]