---
kind: "section"
citation: "21 C.F.R. § 205.6"
title: "21"
number: "205.6"
heading: "Minimum qualifications."
url: "https://uscodex.org/cfr/21/205.6"
---

# §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.

## Notes

### Authority

Authority: 21 U.S.C. 351, 352, 353, 371, 374.

### Source

Source: 55 FR 38023, Sept. 14, 1990, unless otherwise noted.