10A NCAC 26E .0503       AUTHORITY TO MAKE INSPECTIONS

(a)  In carrying out his functions under the act, the director through his inspectors, is authorized in accordance with General Statutes 90‑101(f) and 90‑107 to enter controlled premises and conduct administrative inspections thereof for the purpose of:

(1)           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 but not limited to inventory and other records required to be kept pursuant to Section .0200 of this Subchapter, prescription and distribution records required to be kept pursuant to Section .0300 of this Subchapter, shipping records identifying the name of each carrier used and the date and quantity of each shipment and storage records identifying the names of each warehouse used and the date and quantity of each storage;

(2)           inspecting within reasonable limits and in a reasonable manner all pertinent equipment, finished and unfinished, controlled substances and other substances or materials, containers and labeling found at the controlled premises relating to this act;

(3)           making a physical inventory of all controlled substances on hand at the premises;

(4)           collecting samples of controlled substances or precursors; (In the event any samples are collected during an inspection, the inspector shall issue a receipt for such samples on Commission for Mental Health, Developmental Disabilities and Substance Abuse Services Form 84 to the owner, operator or agent in charge of the premises.)

(5)           checking of records and information on distribution of controlled substances by the registrant as they relate to total distribution of the registrant (i.e., has the distribution in controlled substances increased markedly within the past year, and if so, why); and

(6)           except as provided in Section .0500 of this Subchapter, 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 thereunder.

(b)  All inspections shall be conducted during regular business hours and shall be completed in a reasonable manner.

(c)  All inspections shall be conducted in accordance with applicable provisions of the Constitution of the United States and the State of North Carolina.  In any event, the owner (or operator) of the premises, as the case may be, shall be given reasonable notice of the time, place, purpose and identity of the person or persons conducting the inspection.

 

History Note:        Authority G.S. 90‑101; 90‑107;

Eff. June 30, 1978;

Amended Eff. August 1, 1990; May 15, 1979;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.