Section 30. Maintenance of and access to retail sales records of restricted products

A. The retail sales records required under §§ 18.2-265.8 and 18.2-265.10 of the Code of Virginia shall be confidential pursuant to § 18.2-265.13 of the Code of Virginia. The department or other law-enforcement agency of the Commonwealth or any federal agency conducting a criminal investigation involving the manufacture of methamphetamine consistent with state or federal law may access data, records, and reports regarding the sale of ephedrine or related compounds.

B. The chief law-enforcement officer of an agency of the Commonwealth or a federal agency within the Commonwealth seeking access shall appoint and register an agency administrator with the system.

C. The chief law-enforcement officer and agency administrator shall ensure:

1. Only authorized employees with law enforcement need have access to the databases.

2. Each employee shall use only his unique password or access code to access the databases. Passwords and access codes shall not be used by other employees.

3. Each employee shall adhere to all state and federal laws regarding confidentiality.

4. Records related to accessing system logs are kept and retained for a minimum of two years.

5. Data, records, and reports must be destroyed in a manner that renders the record unidentifiable and nonretrievable.

6. The department is to be notified in writing within 30 days from the date when an authorized employee with access to the data, records, and reports regarding the sale of ephedrine or related compounds leaves the agency or when their duties no longer require access to the system.

D. Failure to strictly comply with the provisions of this section may result in loss of individual or agency access privileges.

Historical Notes

Derived from Volume 28, Issue 25, eff. January 1, 2013.

Statutory Authority

§§ 18.2-265.8 and 18.2-265.12 of the Code of Virginia.