315.4106 Eligibility factors for initial licensure and renewal for third-party
293 words·~1 min read·
/ky/315-4106A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
logistics provider.
(1)The board shall consider, at a minimum, the following factors in determining
the eligibility for initial licensure and renewal of third-party logistics providers:
(a)A finding by a law enforcement agency or regulatory agency that the
applicant or any owners of an applicant has violated federal, state, or
local laws;
(b)Suspension, revocation, or any other sanction against a license currently
or previously held by the applicant or any of its owners for a violation of
federal or state law;
(c)A finding that the applicant or any of its owners are guilty of or pleaded
guilty or nolo contendere to violating federal, state, or local laws;
(d)The furnishing by the applicant of false or fraudulent material in any
application;
(e)Failure to maintain or make available to the board or to federal, state, or
local law enforcement officials the records required to be maintained by
third-party logistics providers; and
(f)Any other factors or qualifications that the board considers relevant to
and consistent with the public health and safety. Any factors inconsistent
with federal standards shall not be applied.
(2)A licensee who has no record of providing third-party logistics services
involving prescription drugs during a routine inspection may have its
subsequent renewal application referred to the board for review and possible
discipline, and the board may require the licensee to appear before the board
at the review.
(3)A third-party logistics provider shall have and follow a diversion detection and
loss prevention plan that includes all prescription drugs, which shall be
immediately available to the board or its agents upon request.
(4)The board shall have the right to deny licensure if it determines that granting
the license would not be consistent with public health and safety.