69.50.501 - Administrative inspections.

Administrative inspections.

The state board of pharmacy may make administrative inspections of controlled premises in accordance with the following provisions:

     (1) For purposes of this section only, "controlled premises" means:

     (a) places where persons registered or exempted from registration requirements under this chapter are required to keep records; and

     (b) places including factories, warehouses, establishments, and conveyances in which persons registered or exempted from registration requirements under this chapter are permitted to hold, manufacture, compound, process, sell, deliver, or otherwise dispose of any controlled substance.

     (2) When authorized by an administrative inspection warrant issued pursuant to RCW 69.50.502 an officer or employee designated by the board, upon presenting the warrant and appropriate credentials to the owner, operator, or agent in charge, may enter controlled premises for the purpose of conducting an administrative inspection.

     (3) When authorized by an administrative inspection warrant, an officer or employee designated by the board may:

     (a) inspect and copy records required by this chapter to be kept;

     (b) inspect, within reasonable limits and in a reasonable manner, controlled premises and all pertinent equipment, finished and unfinished material, containers and labeling found therein, and, except as provided in subsection (5) of this section, all other things therein, including records, files, papers, processes, controls, and facilities bearing on violation of this chapter; and

     (c) inventory any stock of any controlled substance therein and obtain samples thereof;

     (4) This section does not prevent the inspection without a warrant of books and records pursuant to an administrative subpoena issued in accordance with chapter 34.05 RCW, nor does it prevent entries and administrative inspections, including seizures of property, without a warrant:

     (a) if the owner, operator, or agent in charge of the controlled premises consents;

     (b) in situations presenting imminent danger to health or safety;

     (c) in situations involving inspection of conveyances if there is reasonable cause to believe that the mobility of the conveyance makes it impracticable to obtain a warrant;

     (d) in any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; or,

     (e) in all other situations in which a warrant is not constitutionally required;

     (5) An inspection authorized by this section shall not extend to financial data, sales data, other than shipment data, or pricing data unless the owner, operator, or agent in charge of the controlled premises consents in writing.

[1971 ex.s. c 308 § 69.50.501.]