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 10.13.12.03 - Disposition of Impounded Drugs or Prescription Records
Universal Citation: MD Code Reg 10.13.12.03
Current through Register Vol. 51, No. 19, September 20, 2024
A. If the Department executes an impoundment order against a permit holder or authorized prescriber, the Department shall:
(1) Arrange for the drugs or prescription
records to be kept in a secure location;
(2) Ensure that any location which stores
impounded drugs provides the necessary temperature controls and equipment to
properly maintain the drugs; and
(3) Provide the permit holder or authorized
prescriber with a list of all drugs and prescription records
impounded.
B. Reclamation or Transfer.
(1) The permit
holder or authorized prescriber may petition the Department to reclaim or
transfer the impounded drugs or prescription records within 30 days of the date
of the impoundment order.
(2) In
order to reclaim or receive a transfer of impounded drugs or prescription
records, the permit holder, authorized prescriber, or transferee shall
demonstrate:
(a) Capability to maintain the
impounded drugs or prescription records in compliance with all relevant State
and federal laws;
(b) Applicable
licensing or permit authority to obtain possession of the impounded drugs or
prescription records; and
(c) If
the impounded drugs or prescription records are to be transferred to a
transferee, the existence of an express written agreement between the permit
holder or authorized prescriber and the transferee, permitting the Department
to release the impounded drugs or prescription records to the
transferee.
(3) If the
Department grants a petition to reclaim or transfer impounded drugs or
prescription records, the petitioner shall arrange for the removal and
transport of the impounded drugs or prescription records.
(4) Notice of Denial.
(a) If the Department denies a petition to
reclaim or transfer impounded drugs or prescription records, the Department may
destroy or transfer the impounded drugs or prescription records in accordance
with §C(2) of this regulation at least 15 days after the Department has
attempted to serve notice by certified mail at the last known address of the
permit holder or authorized prescriber.
(b) The notice shall indicate that the
Department:
(i) Has denied the petition;
and
(ii) Intends to destroy or
transfer the impounded drugs or prescription records.
C. Disposition of Drugs or Prescription Records if No Petition is Filed.
(1) If the permit holder or authorized
prescriber has not petitioned the Department within 30 days as provided in
§B of this regulation, the Department may destroy or transfer the
impounded drugs or prescription records.
(2) The Department shall destroy or transfer:
(a) Impounded drugs in accordance with all
relevant State and federal laws, including Health-General Article,
§21-1113(i), Annotated Code of Maryland; and
(b) Prescription records in accordance with
Health-General Article, §§4-403 and 21-1113(i), Annotated Code of
Maryland.
D. Reimbursement.
(1) The permit holder or
authorized prescriber shall reimburse the Department for the reasonable
expenses relating to the collection, storage, and disposition of impounded
drugs or prescription records.
(2)
The Department may require that the permit holder or authorized prescriber
provide advance reimbursement to the Department as a precondition to granting a
petition to reclaim or transfer impounded drugs or prescription
records.
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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