20-64-313. Depressant and stimulant drugs — Records by certain persons required.

20-64-313. Depressant and stimulant drugs — Records by certain persons required. (a)(1) Every person engaged in manufacturing, compounding, processing, selling, delivering, or otherwise disposing of any depressant or stimulant drug shall, on and after June 30, 1967, prepare a complete and accurate record of all stocks of each drug on hand and shall keep the record for three (3) years, except that if this record has already been prepared in accordance with section 511(d) of the Federal Food, Drug, and Cosmetic Act, no additional record shall be required, provided that all records prepared under section 511(d) of the Federal Food, Drug, and Cosmetic Act have been retained and are made available to the State Board of Health upon request. When additional depressant or stimulant drugs are designated by the board after June 30, 1967, a similar record must be prepared upon the effective date of the designation on and after June 30, 1967. Every person manufacturing, compounding, or processing any depressant or stimulant drug shall prepare and keep, for not less than three (3) years, a complete and accurate record of the kind and quantity of each drug manufactured, compounded, or processed and the date of the manufacture, compounding, or processing. (2) Every person selling, delivering, or otherwise disposing of any depressant or stimulant drug shall prepare or obtain, and keep for not less than three (3) years, a complete and accurate record of the kind and quantity of each drug received, sold, delivered, or otherwise disposed of, the name and address from whom it was received and to whom it was sold, delivered, or otherwise disposed of, and the date of the transaction. (b)(1) Every person required by subdivision (a)(1) of this section to prepare or obtain, and keep, records and any carrier maintaining records with respect to any shipment containing any depressant or stimulant drug, and every person in charge, or having custody, of the records, shall, upon request of an officer or employee designated by the board, permit an officer or employee at reasonable times to have access to and copy the records. For the purposes of verification of the records and of enforcement of this subchapter, officers or employees designated by the board are authorized, to enter, at reasonable times, any factory, warehouse, establishment, or vehicle in which any depressant or stimulant drug is held, manufactured, compounded, processed, sold, delivered, or otherwise disposed of and to inspect, within reasonable limits and in a reasonable manner, the factory, warehouse, establishment, or vehicle, and all pertinent equipment, finished and unfinished material, containers and labeling therein, and all things therein including records, files, papers, processes, controls, and facilities; and to inventory any stock of any such drug therein and obtain samples of any drug. (2) No inspection authorized by subdivision (b)(1) of this section shall extend to: (A) Financial data; (B) Sales data other than shipment data; (C) Pricing data; (D) Personnel data; or (E) Research data. (c) The provisions of subsections (a) and (b) of this section shall not apply to a licensed practitioner described in § 20-64-309(5) with respect to any depressant or stimulant drug received, prepared, processed, administered, or dispensed by him or her in the course of his or her professional practice unless the practitioner regularly engages in dispensing any drug or drugs to his or her patients for which they are charged, either separately or together with charges for other professional services.