Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.03 - Controlled Dangerous Substances › Section 10.19.03.11 - Administrative Functions, Practices, and Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Administrative Inspections.
(1) Procedures regarding administrative
				  inspections and warrants pursuant to Criminal Law Article, §§
											5-305,
				  5-804, and
				  5-805, Annotated Code of
				  Maryland, are governed generally by those sections of the Annotated Code and
				  specifically by this regulation.
(2) Authority to Make Inspections. In
				  carrying out the Secretary's functions under the Act, the Secretary, through
				  the Department's inspectors, is authorized in accordance with Criminal Law
				  Article, §§
											5-804 -5-805, Annotated
				  Code of Maryland, to enter controlled premises and conduct administrative
				  inspections for the purpose of all of the following:
(a) Inspecting, copying, and verifying the
				  correctness of records, reports, or other documents required to be kept or made
				  under the Act and the regulations promulgated under the Act, including
				  inventory and other records required to be kept pursuant to Regulation .05,
				  order form records required to be kept pursuant to Regulation .06, prescription
				  and distribution records required to be kept pursuant to Regulation .07,
				  shipping records identifying the name of each carrier used and the date and
				  quantity of each shipment, and storage records identifying the name of each
				  warehouse used and the date and quantity of each storage;
(b) Making a physical inventory of all
				  controlled substances on hand at the premises;
(c) Collecting samples of controlled
				  dangerous substances or precursors (if samples are collected during an
				  inspection, the inspector shall issue a receipt for these samples to the owner,
				  operator, or agent in charge of the premises);
(d) Checking of records and information on
				  distribution of controlled dangerous substances by the registrant as they
				  relate to total distribution of the registrant (i.e., has the distribution in
				  controlled dangerous substances increased markedly within the past year, and if
				  so, why);
(e) Except as provided in
				  Criminal Law Article, §
												5-805(f),
				  Annotated Code of Maryland, all other things therein (including records, files,
				  papers, processes, controls and facilities) appropriate for verification of the
				  records, reports, documents referred to above or otherwise bearing on the
				  provisions of the Act and the Regulations under it.
(3) Entry.
(a) An inspection shall be carried out by an
				  inspector.
(b) An inspector shall
				  have the right to enter the premises and conduct inspections at reasonable
				  times and in a reasonable manner, upon the following conditions:
(i) Stating the inspector's purpose;
				  and
(ii) Presenting to the owner,
				  operator, or agent in charge of the premises to be inspected, appropriate
				  credentials and written notice of the inspector's inspection authority under
				  Criminal Law Article, §
													5-305,
				  5-804, or
				  5-805, Annotated Code of
				  Maryland.
(4)
				  Consent to Inspection of Financial Data; Sales Data other than Shipment Data;
				  or Pricing Data.
(a) If inspection is desired
				  of financing, sales, or pricing data, written consent shall first be obtained
				  from the owner, operator, or agent in charge of the premises to be
				  inspected.
(b) This written consent
				  shall contain the following information:
(i)
				  That the owner, operator, or agent in charge has the right to refuse to consent
				  to an inspection of these items;
(ii) That anything of an incriminating nature
				  which may be found may be seized and used against the owner, operator, or agent
				  in charge in a criminal prosecution;
(iii) That the owner, operator, or agent in
				  charge has been presented with a notice of inspection;
(iv) That the consent is given by the owner,
				  operator, or agent in charge voluntarily and without threats of any kind;
				  and
(v) That the owner, operator,
				  or agent in charge may withdraw the owner's, operator's, or agent in charge's
				  consent at any time during the course of inspection.
(c) The written consent shall be produced in
				  duplicate and be distributed as follows:
(i)
				  The original will be retained by the inspector; and
(ii) The duplicate will be given to the
				  person inspected.
(5) Administrative Probable Cause. If the
				  judge or magistrate is satisfied that "administrative probable cause", as
				  defined in Criminal Law Article, §
											5-804(a),
				  Annotated Code of Maryland, exists, the judge or magistrate shall issue an
				  administrative warrant. Administrative probable cause does not mean criminal
				  probable cause as defined by federal statute or case law.
(6) Execution of Warrants. An administrative
				  inspection warrant shall be executed and returned as required by, and any
				  inventory or seizure made shall comply with the requirements of Criminal Law
				  Article, §
											5-804(d),
				  Annotated Code of Maryland.
(7)
				  Refusal to Allow Inspection with an Administrative Warrant. If a registrant or
				  any person subject to the Act refuses to permit execution of an administrative
				  warrant, or impedes the inspector in the execution of that warrant, the
				  registrant or person shall be advised that this refusal or action constitutes a
				  violation of Criminal Law Article, §
											5-902(a)(3),
				  Annotated Code of Maryland.