Sec. 10.34.05.05. Security Responsibility

A. The pharmacy permit holder is responsible for ensuring that pharmacists, employees, and others who enter the pharmacy:

(1) Know and abide by the requirements of this chapter;

(2) Maintain those measures necessary to ensure this chapter’s enforcement;

(3) Report theft or significant loss of controlled dangerous substances to the:

(a) Board;

(b) Local police;

(c) Office of Controlled Substances Administration; and

(d) U.S. Drug Enforcement Administration; and

(4) Report theft of non-controlled prescription drugs or devices to the Board.

B. In determining whether a loss is significant pursuant to §A(3) of this regulation, the pharmacy permit holder shall consider at least the following factors:

(1) The actual quantity of controlled dangerous substances lost in relation to the type of business;

(2) The specific controlled dangerous substances lost;

(3) Whether the loss of the controlled dangerous substances can be associated with access to those controlled dangerous substances by specific individuals, or whether the loss can be attributed to unique activities that may take place involving controlled dangerous substances;

(4) A pattern of losses over a specific time period, whether the losses appear to be random, and the results of efforts taken to resolve the losses;

(5) Whether the specific controlled dangerous substances are likely candidates for diversion, if known; and

(6) Local trends and other indicators of the diversion potential of the missing controlled dangerous substances, if known.