Sec. 10.13.12.03. Disposition of Impounded Drugs or Prescription Records

A. If the Department executes an impoundment order against a permit holder or authorized prescriber, the Department shall:

(1) Arrange for the drugs or prescription records to be kept in a secure location;

(2) Ensure that any location which stores impounded drugs provides the necessary temperature controls and equipment to properly maintain the drugs; and

(3) Provide the permit holder or authorized prescriber with a list of all drugs and prescription records impounded.

B. Reclamation or Transfer.

(1) The permit holder or authorized prescriber may petition the Department to reclaim or transfer the impounded drugs or prescription records within 30 days of the date of the impoundment order.

(2) In order to reclaim or receive a transfer of impounded drugs or prescription records, the permit holder, authorized prescriber, or transferee shall demonstrate:

(a) Capability to maintain the impounded drugs or prescription records in compliance with all relevant State and federal laws;

(b) Applicable licensing or permit authority to obtain possession of the impounded drugs or prescription records; and

(c) If the impounded drugs or prescription records are to be transferred to a transferee, the existence of an express written agreement between the permit holder or authorized prescriber and the transferee, permitting the Department to release the impounded drugs or prescription records to the transferee.

(3) If the Department grants a petition to reclaim or transfer impounded drugs or prescription records, the petitioner shall arrange for the removal and transport of the impounded drugs or prescription records.

(4) Notice of Denial.

(a) If the Department denies a petition to reclaim or transfer impounded drugs or prescription records, the Department may destroy or transfer the impounded drugs or prescription records in accordance with §C(2) of this regulation at least 15 days after the Department has attempted to serve notice by certified mail at the last known address of the permit holder or authorized prescriber.

(b) The notice shall indicate that the Department:

(i) Has denied the petition; and

(ii) Intends to destroy or transfer the impounded drugs or prescription records.

C. Disposition of Drugs or Prescription Records if No Petition is Filed.

(1) If the permit holder or authorized prescriber has not petitioned the Department within 30 days as provided in §B of this regulation, the Department may destroy or transfer the impounded drugs or prescription records.

(2) The Department shall destroy or transfer:

(a) Impounded drugs in accordance with all relevant State and federal laws, including Health-General Article, §21-1113(i), Annotated Code of Maryland; and

(b) Prescription records in accordance with Health-General Article, §§4-403 and 21-1113(i), Annotated Code of Maryland.

D. Reimbursement.

(1) The permit holder or authorized prescriber shall reimburse the Department for the reasonable expenses relating to the collection, storage, and disposition of impounded drugs or prescription records.

(2) The Department may require that the permit holder or authorized prescriber provide advance reimbursement to the Department as a precondition to granting a petition to reclaim or transfer impounded drugs or prescription records.