2006 Code of Virginia § 54.1-3405 - Access to and copies of records; inspections

54.1-3405. Access to and copies of records; inspections.

Every person required to prepare or obtain, and keep, records, and anycarrier maintaining records with respect to any shipment containing any drug,and every person in charge or having custody of such records shall, uponrequest of an agent designated by the Board, permit such agent at reasonabletimes to have access to and copy such records.

Any agent designated by the Superintendent of the Department of State Policeto conduct drug diversion investigations shall, for the purpose of suchinvestigations, also be permitted access at reasonable times to all suchrecords relevant to a specific investigation and be allowed to inspect andcopy such records. However, agents designated by the Superintendent of theDepartment of State Police to conduct drug diversion investigations shall notcopy and remove patient records unless such patient records are relevant to aspecific investigation. Any agent designated by the Superintendent of theDepartment of State Police shall allow the person or carrier maintaining suchrecords, or agent thereof, to examine any copies of records before theirremoval from the premises. If the agent designated by the Superintendent ofState Police copies records on magnetic storage media, he will deliver aduplicate of the magnetic storage media on which the copies are stored to theperson or carrier maintaining such records or an agent thereof, prior toremoving the copies from the premises. If the original of any record isremoved by any agent designated by the Superintendent of State Police, areceipt therefor shall be left with the person or carrier maintaining suchrecords or an agent thereof, and a copy of the removed record shall beprovided the person or carrier maintaining such records within a reasonabletime thereafter.

For the purposes of verification of such records and of enforcement of thischapter, agents designated by the Board or by the Superintendent areauthorized, upon presenting appropriate credentials to the owner, operator,or agent in charge, to enter, at reasonable times, any factory, warehouse,establishment, or vehicle in which any drug is held, manufactured,compounded, processed, sold, delivered, or otherwise disposed of; and toinspect, within reasonable limits and in a reasonable manner, such factory,warehouse, establishment, or vehicle, and all pertinent equipment, finishedand unfinished material, containers and labeling, including records, files,papers, processes, controls, and facilities, bearing on violation of thischapter; and to inventory and obtain samples of any stock of any drugs.

If a sample of any drug is obtained, the agent making the inspection shall,upon completion of the inspection and before leaving the premises, give tothe owner, operator, or agent in charge a receipt describing the sample. Noinspection shall extend to financial data, sales data other than shipmentdata, pricing data, personnel data or research data.

Any information obtained by a designated State Police agent during aninspection under this section which constitutes evidence of a violation ofany provision of this chapter shall be reported to the Department of HealthProfessions upon its discovery.

Any information obtained by an agent designated by the Board during aninspection under this section which constitutes evidence of a violation ofArticle 1 ( 18.2-247 et seq.) of Chapter 7 of Title 18.2 shall be reportedto the Department of State Police upon its discovery.

(1970, c. 650, 54-524.57; 1988, cc. 266, 765; 1992, cc. 743, 808.)