§ 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.)