§ 4210. Authorized sales on written orders, records
(a) Every physician, dentist, veterinarian, or other person who is licensed to administer,
sell, dispense, or professionally use regulated drugs shall keep a record of such
drugs received by him or her and a record of all such drugs administered, dispensed,
or professionally used by him or her otherwise than by prescription, in accordance
with subsection (d) of this section. It shall, however, be deemed a sufficient compliance
with this subsection if any such person using small quantities of solutions or other
preparations of such drugs for local application shall keep a record of the quantity,
character, and potency of such solutions or other preparations purchased or made up
by him or her, and of the dates when purchased or made up, without keeping a record
of the amount of such solution or other preparation applied by him or her to individual
patients.
(b) Manufacturers and wholesalers shall keep records of all regulated drugs compounded,
mixed, cultivated, grown, or by any other process produced or prepared, and of all
such drugs received and disposed of by them in accordance with the provisions of subsection
(d) of this section.
(c) Every person who purchases for resale, or who sells preparations or regulated drugs
exempted by regulation adopted under section 4204 of this title, shall keep a record showing the quantities and kinds thereof received and sold,
or disposed of otherwise, in accordance with the provisions of subsection (d) of this
section.
(d) The form and content of the records to be maintained under this section shall be prescribed
by rule adopted by the Department of Health, after prior written notice to the Board
of Pharmacy and after the Board of Pharmacy has had an opportunity to advise the Department
of Health with respect to the form and substance of that rule and to recommend revisions
thereof. The record of regulated drugs received shall in every case show the date
of receipt, the name and address of the person from whom received, and the kind and
quantity of drugs received, the kind and quantity of such drugs produced or removed
from process of manufacture, and the date of such production or removal from process
of manufacturer, and such other facts as the Department of Health may require. The
record of all such drugs sold, administered, dispensed, or otherwise disposed of shall
show the date of selling, administering, or dispensing, the name and address of the
person to whom, or for whose use, or the owner and species of animal for which the
drugs were sold, administered, or dispensed, and the kind and quantity of drugs and
shall be signed by the person giving such order or the person’s duly authorized agent.
Every such record shall be kept for a period of three years from the date of the transaction
recorded, and shall be subject to inspection by a federal officer or an officer of
this State or an agent thereof specifically authorized engaged in the enforcement
of the federal drug laws or of this chapter. The keeping of a record required by or
under the federal drug laws, containing substantially the same information as is specified
above, shall constitute compliance with this section, except that every such record
shall contain a detailed list of such drugs lost, destroyed, or stolen, if any, the
kind and quantity of such drugs, and the date of the discovery of such loss, destruction,
or theft. (Added 1967, No. 343 (Adj. Sess.), § 10, eff. March 23, 1968; amended 2023, No. 53, § 108, eff. June 8, 2023.)