Section 130. Selling area enclosures  


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  • A. The controlled substance selling and storage area of the licensee shall be provided with enclosures subject to the following conditions:

    1. The enclosure shall be constructed in such a manner that it protects the controlled substance stock from unauthorized entry and from pilferage at all times whether or not the licensee is on duty

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    2. The enclosure shall be locked and alarmed at all times when the licensee is not on duty.

    3. The enclosure shall be capable of being locked in a secure manner at any time the licensee on duty is not present in the storage and selling area.

    B. The door keys or other means of entry and alarm access code to the selling and storage area shall be restricted to the licensee with the following exceptions:

    1. Other persons authorized to assist the licensee in the selling and storage area may possess a key or other means of entry into a locked area only when the licensee is on duty. Such key or other means of entry shall not allow entry when the licensee is not on duty; and

    2. The licensee may place a key or other means of opening the locking device and the alarm access code in a sealed envelope or other sealed container with the licensee's signature across the seal in a safe or vault within the office or other secured place for use by another licensee for emergency access. In lieu of the licensee's signature across a seal, the executive director for the board may approve other methods of securing the emergency keys or access codes to the enclosed area.

    C. The controlled substance selling and storage area is restricted to the licensee and one person designated by the licensee. The designated person may be present in the selling and storage area only during the hours when the licensee is on duty to render personal supervision.

Historical Notes

Derived from VR530-01-2 § 3.7, eff. May 9, 1990; amended, Volume 08, Issue 13, eff. April 22, 1992; Volume 10, Issue 01, eff. November 3, 1993; Volume 22, Issue 10, eff. February 22, 2006; Volume 29, Issue 21, eff. August 2, 2013.

Statutory Authority

§§ 54.1-2400 and 54.1-3307 of the Code of Virginia.