1. (1) Under Section 58-88-204, for ascertaining compliance with Title 58, Chapter 88, Part 2, Dispensing Practice, the Division may require a self-audit or enter and inspect the business premises of a person:

   1. (a) licensed under Subsection 58-88-201(2)(a);
   2. (b) licensed as an LDP under Section 58-88-203; or
   3. (c) who is engaged in activities that require a license under Title 58, Chapter 88, Part 2, Dispensing Practice.

2. (2) Before conducting an inspection under Subsection (1), the Division shall, after identifying the person in charge:

   1. (a) give proper identification;
   2. (b) request to see the applicable license or licenses;
   3. (c) describe the nature and purpose of the inspection; and
   4. (d) provide upon request, the authority of the Division to conduct the inspection and the penalty for refusing to permit the inspection as provided in Section 58-88-204.

3. (3) In conducting an inspection under Subsection (1), the Division may, after meeting the requirements of Subsection (2):

   1. (a) examine any record, prescription, order, drug, device, equipment, machine, electronic device, or area related to activities for which a license has been issued or is required by Title 58, for ascertaining compliance with Title 58, Chapter 88, Part 2, Dispensing Practice; and
   2. (b) reproduce any record at the Division's own cost.
4. (4) An investigator may, upon determination that a violation observed poses an imminent peril to the public health, safety, or welfare, recommend to the Division Director to issue an emergency licensure action, such as cease and desist.
5. (5) The Division shall conduct an inspection under Subsection (1) during regular business hours.

6. (6) An LDP shall conduct a self-audit on a form provided by the Division, in the following time periods:

   1. (a) within ten business days of Division request;
   2. (b) within 45 days of a change of RDP;
   3. (c) within 45 days of the opening of a new LDP; and
   4. (d) at least 90 days before the end of each renewal cycle.
7. (7) An LDP shall maintain each self-audit form for two years from the date of the self-audit, and provide an electronic or hard copy of the self-audit form to the Division upon Division request.

KEY: licensing, dispensing practice

Date of Last Change: January 10, 2023

Authorizing, and Implemented or Interpreted Law: 58-1-106(1)(a); 58-88a-205