License required - controlled substances - repeal

(1) (a) In accordance with part 3 of article 18 of title 18, a substance use disorder treatment program that compounds, administers, or dispenses a controlled substance shall annually obtain a license issued by the BHA for each place of business or professional practice located in this state. (b) (I) This subsection (1) is repealed, effective September 1, 2041. (II) Prior to the repeal, the department of regulatory agencies shall review the licensing functions of the BHA as provided in section 24-34-104. In conducting the review, the department of regulatory agencies shall consider whether the licensing pursuant to this subsection (1) should be combined with the licensing of any other substance use disorder treatment programs by the department. (2) Persons licensed as required under this part 2, or otherwise licensed as required by federal law, may possess, distribute, dispense, or administer controlled substances only to the extent authorized by their licenses and in conformity with the provisions of this part 2 and with article 18 of title 18. (3) An employee of a facility, as defined in section 25-1.5-301, who is administering and monitoring medications to persons under the care or jurisdiction of the facility pursuant to part 3 of article 1.5 of title 25 need not be licensed by the BHA to lawfully possess controlled substances under this part 2. (4) A person who is required to be but is not yet licensed may apply for a license at any time. A person who is required to be licensed under this part 2 shall not engage in any activity for which a license is required until the BHA grants the person's application and issues a license to the person. (5) Repealed.