Sec. 481.181. INSPECTIONS  


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  • (a) The director may enter controlled premises at any reasonable time and inspect the premises and items described by Subsection (b) in order to inspect, copy, and verify the correctness of a record, report, or other document required to be made or kept under this chapter and to perform other functions under this chapter. For purposes of this subsection, "reasonable time" means any time during the normal business hours of the person or activity regulated under this chapter or any time an activity regulated under this chapter is occurring on the premises. The director shall:

    (1) state the purpose of the entry;

    (2) display to the owner, operator, or agent in charge of the premises appropriate credentials; and

    (3) deliver to the owner, operator, or agent in charge of the premises a written notice of inspection authority.

    (b) The director may:

    (1) inspect and copy a record, report, or other document required to be made or kept under this chapter;

    (2) inspect, within reasonable limits and in a reasonable manner, the controlled premises and all pertinent equipment, finished and unfinished drugs, other substances, and materials, containers, labels, records, files, papers, processes, controls, and facilities as appropriate to verify a record, report, or document required to be kept under this chapter or to administer this chapter;

    (3) examine and inventory stock of a controlled substance and obtain samples of the controlled substance;

    (4) examine a hypodermic syringe, needle, pipe, or other instrument, device, contrivance, equipment, control, container, label, or facility relating to a possible violation of this chapter; and

    (5) examine a material used, intended to be used, or capable of being used to dilute or adulterate a controlled substance.

    (c) Unless the owner, operator, or agent in charge of the controlled premises consents in writing, the director may not inspect:

    (1) financial data;

    (2) sales data other than shipment data; or

    (3) pricing data.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 2003, 78th Leg., ch. 1099, Sec. 11, eff. Sept. 1, 2003.