Sec. 10.13.12.02. Requirements for an Impoundment Order

A. The Department may issue an impoundment order if:

(1) A permit holder's permit or authorized prescriber's license has expired or has been revoked or suspended;

(2) An application for a permit or license has been denied;

(3) A board has:

(a) Determined that the permit holder or authorized prescriber failed to comply with a board order, letter of surrender, or law regarding the disposition of drugs or prescription records; and

(b) Requested that the Department impound the drugs or prescription records;

(4) The drugs pose an imminent threat to the public health, safety, or welfare; or

(5) The confidentiality of the prescription records is in imminent danger of being compromised.

B. The Department may issue an impoundment order based on:

(1) On-site observation by a law enforcement official, the Department, or other regulatory official of drugs that pose imminent danger to the public health, safety, or welfare;

(2) On-site observation by a law enforcement official, the Department, or other regulatory official that the confidentiality of prescription records is in imminent danger of being compromised;

(3) Investigation by the Department or law enforcement authority sufficient to prove that drugs are posing an imminent danger to the public health, safety, or welfare, or that the confidentiality of prescription records is in imminent danger of being compromised; or

(4) Review of the board's licensing records that indicate the permit holder or authorized prescriber does not have the licensing or permit authority to possess drugs or prescription records.

C. Before execution of an impoundment order issued in accordance with Health-General Article, §21-1113(c)(1), Annotated Code of Maryland, the Department shall:

(1) Attempt to serve written notice of the impoundment on the permit holder or authorized prescriber by certified mail at the last known address in the board's licensing files; and

(2) Provide the permit holder or authorized prescriber with an opportunity to:

(a) Avoid impoundment by allowing the permit holder or authorized prescriber to dispose of the drugs or prescription records in a manner acceptable to the Department;

(b) Review the nature, type, and amount of information upon which the Department issued the impoundment order; and

(c) Avoid impoundment by providing the Department with information upon which the Department could reasonably conclude that the impoundment is not warranted.

D. Notice of Order of Impoundment.

(1) If the Department issues an impoundment order in accordance with Health-General Article, §21-1113(c)(2), Annotated Code of Maryland, the Department shall attempt to contact the permit holder or authorized prescriber at the last known address or telephone number contained in the board's licensing files before executing the impoundment order.

(2) Posting.

(a) If the Department is unsuccessful in contacting the permit holder or authorized prescriber before the execution of the impoundment order, the Department shall post the impoundment order in a conspicuous place at the site of the drugs or prescription records.

(b) The posted impoundment order shall contain information regarding:

(i) The location of the impounded drugs or prescription records; and

(ii) An individual to contact for further information.