Authority to Make Inspections

Section 3100 Section 3100.440  Authority to Make Inspections a)         In carrying out its functions under the Act, the Division, through its inspectors, is authorized in accordance with Section 302 of the Act to enter controlled premises and conduct administrative inspections of those premises, with subpoena or notice, during regular business hours and without disrupting patient care, 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 this Part.  Upon the Division's request, the licensee's agent or employee shall produce those records. 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 the Act; 3)         Making a physical inventory of all controlled substances on hand at the premises; 4)         Collecting samples of controlled substances or precursors or any other relevant evidence (in the event any samples are collected during an inspection, the inspector shall issue a receipt for the samples to the owner, operator or agent in charge of the premises). b)         Refusal by the licensee, owner, operator, agent or other person in charge of the controlled premises to allow inspection and fully comply with the inspection shall constitute a basis for suspension or revocation of registration.