Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 13 - DRUGS
Chapter 10.13.12 - Impoundment and Disposal of Drugs and Prescription Records
Section 10.13.12.02 - Requirements for an Impoundment Order
Universal Citation: MD Code Reg 10.13.12.02
Current through Register Vol. 51, No. 19, September 20, 2024
A. The Department may issue an impoundment order if:
(1) A permit holder's permit or
authorized prescriber's license has expired or has been revoked or
suspended;
(2) An application for a
permit or license has been denied;
(3) A board has:
(a) Determined that the permit holder or
authorized prescriber failed to comply with a board order, letter of surrender,
or law regarding the disposition of drugs or prescription records;
and
(b) Requested that the
Department impound the drugs or prescription records;
(4) The drugs pose an imminent threat to the
public health, safety, or welfare; or
(5) The confidentiality of the prescription
records is in imminent danger of being compromised.
B. The Department may issue an impoundment order based on:
(1) On-site observation by a
law enforcement official, the Department, or other regulatory official of drugs
that pose imminent danger to the public health, safety, or welfare;
(2) On-site observation by a law enforcement
official, the Department, or other regulatory official that the confidentiality
of prescription records is in imminent danger of being compromised;
(3) Investigation by the Department or law
enforcement authority sufficient to prove that drugs are posing an imminent
danger to the public health, safety, or welfare, or that the confidentiality of
prescription records is in imminent danger of being compromised; or
(4) Review of the board's licensing records
that indicate the permit holder or authorized prescriber does not have the
licensing or permit authority to possess drugs or prescription
records.
C. Before execution of an impoundment order issued in accordance with Health-General Article, §21-1113(c)(1), Annotated Code of Maryland, the Department shall:
(1) Attempt to serve written notice of the
impoundment on the permit holder or authorized prescriber by certified mail at
the last known address in the board's licensing files; and
(2) Provide the permit holder or authorized
prescriber with an opportunity to:
(a) Avoid
impoundment by allowing the permit holder or authorized prescriber to dispose
of the drugs or prescription records in a manner acceptable to the
Department;
(b) Review the nature,
type, and amount of information upon which the Department issued the
impoundment order; and
(c) Avoid
impoundment by providing the Department with information upon which the
Department could reasonably conclude that the impoundment is not
warranted.
D. Notice of Order of Impoundment.
(1) If the
Department issues an impoundment order in accordance with Health-General
Article, §21-1113(c)(2), Annotated Code of Maryland, the Department shall
attempt to contact the permit holder or authorized prescriber at the last known
address or telephone number contained in the board's licensing files before
executing the impoundment order.
(2) Posting.
(a) If the Department is unsuccessful in
contacting the permit holder or authorized prescriber before the execution of
the impoundment order, the Department shall post the impoundment order in a
conspicuous place at the site of the drugs or prescription records.
(b) The posted impoundment order shall
contain information regarding:
(i) The
location of the impounded drugs or prescription records; and
(ii) An individual to contact for further
information.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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