Rules

(a)DPHSS shall adopt rules and charge reasonable fees relating to the registration and control of the manufacture, distribution and dispensing of controlled substances in Guam.

(b)The fees provided for in this Section shall be collected to combat diversion of controlled substances and must be forwarded to the Department of Administration for the use provided in Subsection (c). The Department of Administration shall establish the Controlled Substances Diversion Fund where fees shall be deposited.

(c)Moneys collected under the “Controlled Substances Diversion Fund” account shall be utilized by the Department of Public Health and Social Services for their use of:

(1)existing programs, or created, in monitoring of controlled substances to identify and detect its diversion;

(2)acquiring equipment and supplies, and entering into contracts, necessary to monitor controlled substances; and

(3)training of employees assigned to administer the Act.

(d)Moneys in the account are appropriated on a continuing basis and are not subject to lapsing and related appropriations restraints.

(e)The Department of Public Health and Social Services shall administer expenditures from the fund. Expenditures may be made only for the monitoring of controlled substances through acquisition of equipment and supplies, entering into contracts, and training of employees administering the Act to keep them abreast of new and changing information regarding controlled substances and related matters. Moneys from the Fund may not supplant other local, state or Federal funds.

(f)Guam Uniform Controlled Substances Act Review. The Director may, in accordance with the Administrative Adjudication Law, conduct an annual review of the U.S. Drug Enforcement Administration Schedule Listing to determine whether the Guam Uniform Controlled Substances Act shall be revised in accordance.