                                 CODE OF VIRGINIA

ACCESS TO AND COPIES OF RECORDS; INSPECTIONS (§ 54.1-3405)

Every person required to prepare or obtain, and keep, records, and any carrier
maintaining records with respect to any shipment containing any drug, and every
person in charge or having custody of such records shall, upon request of an
agent designated by the Board, permit such agent at reasonable times to have
access to and copy such records.
		Any agent designated by the Superintendent of the Department of State Police
to conduct drug diversion 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, agents designated by the Superintendent of the Department of
State Police to conduct drug diversion investigations shall not copy and remove
patient records unless such patient records are relevant to a specific
investigation. Any agent designated by the Superintendent of the Department of
State Police shall allow the person or carrier maintaining such records, or
agent thereof, to examine any copies of records before their removal from the
premises. If the agent designated by the Superintendent of State Police copies
records on magnetic storage media, he will deliver a duplicate of the magnetic
storage media on which the copies are stored to the person or carrier
maintaining such records or an agent thereof, prior to removing the copies from
the premises. If the original of any record is removed by any agent designated
by the Superintendent of State Police, a receipt therefor shall be left with the
person or carrier maintaining such records or an agent thereof, and a copy of
the removed record shall be provided the person or carrier maintaining such
records within a reasonable time thereafter.
		For the purposes of verification of such records and of enforcement of this
chapter, agents designated by the Board or by the Superintendent are authorized,
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 to inspect, within reasonable limits
and in a reasonable manner, such factory, warehouse, establishment, or vehicle,
and all pertinent equipment, finished and unfinished material, containers and
labeling, 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 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 to the
owner, operator, or agent in charge a receipt describing the sample. No
inspection shall extend to financial data, sales data other than shipment data,
pricing data, personnel data or research data.
		Any information obtained by a designated State Police agent during an
inspection under this section which constitutes evidence of a violation of any
provision of this chapter shall be reported to the Department of Health
Professions upon its discovery.
		Any information obtained by an agent designated by the Board during an
inspection under this section which constitutes evidence of a violation of
Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 shall be reported to
the Department of State Police upon its discovery.

HISTORY: 1970, c. 650, § 54-524.57; 1988, cc. 266, 765; 1992, cc. 743, 808.