58-17b-103 - Administrative inspections. - Utah Statutes

58-17b-103. Administrative inspections.
(1) The division may for the purpose of ascertaining compliance with the provisions ofthis chapter, require a self-audit or enter and inspect the business premises of a person:
(a) licensed under Part 3, Licensing; or
(b) who is engaged in activities that require a license under Part 3, Licensing.
(2) Before conducting an inspection under Subsection (1), the division shall, afteridentifying the person in charge:
(a) give proper identification;
(b) request to see the applicable license or licenses;
(c) describe the nature and purpose of the inspection; and
(d) provide upon request, the authority of the division to conduct the inspection and thepenalty for refusing to permit the inspection as provided in Section 58-17b-504.
(3) In conducting an inspection under Subsection (1), the division may, after meeting therequirements of Subsection (2):
(a) examine any record, prescription, order, drug, device, equipment, machine, electronicdevice or media, or area related to activities for which a license has been issued or is required byPart 3, Licensing, for the purpose of ascertaining compliance with the applicable provisions ofthis chapter;
(b) take a drug or device for further analysis if considered necessary;
(c) temporarily seize a drug or device which is suspected to be adulterated, misbranded,outdated, or otherwise in violation of this chapter, pending an adjudicative proceeding on thematter;
(d) box and seal drugs suspected to be adulterated, outdated, misbranded, or otherwise inviolation of this chapter; and
(e) dispose of or return any drug or device obtained under this Subsection (3) inaccordance with procedures established by division rule.
(4) An inspection conducted under Subsection (1) shall be during regular business hours.
(5) If upon inspection, the division concludes that a person has violated the provisions ofthis chapter or Chapter 37, Utah Control Substances Act, or any rule or order issued with respectto those chapters, and that disciplinary action is appropriate, the director or the director's designeeshall promptly issue a fine or citation to the licensee in accordance with Section 58-17b-504.

Enacted by Chapter 280, 2004 General Session