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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>55711</law_id><section_number>54.1-3405</section_number><catch_line>Access to and copies of records; inspections</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="54.1">Professions and Occupations</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Professions and Occupations Regulated by Boards Within the Department of Health Professions</unit><unit label="chapter" level="3" order_by="1" identifier="34">Drug Control Act</unit><unit label="article" level="4" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>Every <span class="dictionary">person</span> required to prepare or obtain, and keep, records, and any carrier maintaining records with respect to any shipment containing any <span class="dictionary">drug</span>, and every <span class="dictionary">person</span> in charge or having <span class="dictionary">custody</span> of such records shall, upon request of an <span class="dictionary">agent</span> designated by the <span class="dictionary">Board</span>, permit such <span class="dictionary">agent</span> at reasonable times to have access to and copy such records.
		Any <span class="dictionary">agent</span> designated by the Superintendent of the Department of State Police to conduct <span class="dictionary">drug</span> <span class="dictionary">diversion</span> investigations shall, for the purpose of such investigations, also be permitted access at reasonable times to all such records relevant to a specific investigation and be allowed to inspect and copy such records. However, <span class="dictionary">agents</span> designated by the Superintendent of the Department of State Police to conduct <span class="dictionary">drug</span> <span class="dictionary">diversion</span> investigations shall not copy and remove patient records unless such patient records are relevant to a specific investigation. Any <span class="dictionary">agent</span> designated by the Superintendent of the Department of State Police shall allow the <span class="dictionary">person</span> or carrier maintaining such records, or <span class="dictionary">agent</span> thereof, to examine any copies of records before their removal from the premises. If the <span class="dictionary">agent</span> designated by the Superintendent of State Police copies records on magnetic storage media, he will <span class="dictionary">deliver</span> a duplicate of the magnetic storage media on which the copies are stored to the <span class="dictionary">person</span> or carrier maintaining such records or an <span class="dictionary">agent</span> thereof, prior to removing the copies from the premises. If the original of any record is removed by any <span class="dictionary">agent</span> designated by the Superintendent of State Police, a receipt therefor shall be left with the <span class="dictionary">person</span> or carrier maintaining such records or an <span class="dictionary">agent</span> thereof, and a copy of the removed record shall be provided the <span class="dictionary">person</span> or carrier maintaining such records within a reasonable time thereafter.
		For the purposes of verification of such records and of enforcement of this chapter, <span class="dictionary">agents</span> designated by the <span class="dictionary">Board</span> or by the Superintendent are authorized, upon presenting appropriate credentials to the owner, operator, or <span class="dictionary">agent</span> in charge, to enter, at reasonable times, any factory, warehouse, establishment, or vehicle in which any <span class="dictionary">drug</span> is held, manufactured, compounded, processed, sold, delivered, or otherwise disposed of; and to inspect, within reasonable limits and in a reasonable manner, such factory, warehouse, establishment, or vehicle, and all pertinent equipment, finished and unfinished <span class="dictionary">material</span>, containers and <span class="dictionary">labeling</span>, including records, files, papers, processes, controls, and facilities, bearing on violation of this chapter; and to inventory and obtain samples of any stock of any <span class="dictionary">drugs</span>.
		If a sample of any <span class="dictionary">drug</span> is obtained, the <span class="dictionary">agent</span> making the inspection shall, upon completion of the inspection and before leaving the premises, give to the owner, operator, or <span class="dictionary">agent</span> in charge a receipt describing the sample. No inspection shall extend to financial data, <span class="dictionary">sales</span> data other than shipment data, pricing data, personnel data or research data.
		Any information obtained by a designated State Police <span class="dictionary">agent</span> during an inspection under this section which constitutes <span class="dictionary">evidence</span> of a violation of any provision of this chapter shall be reported to the Department of Health Professions upon its <span class="dictionary">discovery</span>.
		Any information obtained by an <span class="dictionary">agent</span> designated by the <span class="dictionary">Board</span> during an inspection under this section which constitutes <span class="dictionary">evidence</span> of a violation of Article 1 (&#xA7;&#xA0;<a class="law" title="Use of terms &quot;controlled substances,&quot; &quot;marijuana,&quot; &quot;Schedules I, II, III, IV, V, and VI,&quot; &quot;imitation controlled substance,&quot; and &quot;counterfeit controlled substance&quot; in Title 18.2" href="/18.2-247/">18.2-247</a> et seq.) of Chapter 7 of Title 18.2 shall be reported to the Department of State Police upon its <span class="dictionary">discovery</span>.</p></section></text><history>1970, c. 650, &#xA7; 54-524.57; 1988, cc. 266, 765; 1992, cc. 743, 808.</history><metadata></metadata></law>
