According to federal law, the highest state authorities, in this case the Bavarian State Ministry of Health and Care (StMGP), are responsible as so-called drug monitoring authorities for the monitoring of medical narcotics traffic, provided that this state authority does not assign responsibility to another body. The Länder make regular use of this possibility, as does Bavaria.
The StMGP has assigned this task to the district administrative authorities by ordinance, so that they are responsible through their health authorities for monitoring medical narcotics traffic in pharmacies, medical and dental practices, hospitals, old people's and nursing homes, hospices, facilities for specialized outpatient palliative care, facilities of the emergency services and facilities in which treatment with the substitution drug diamorphine takes place. They are also responsible for prosecuting and punishing administrative offenses arising from narcotics law. District municipalities that do not perform the tasks of the public health offices shall involve the locally competent public health office.
Objects of the inspection are in particular
- Evidence of the whereabouts and inventory of narcotics. In particular, it must be determined whether the prescribed index cards or narcotics books are used, properly maintained and stored as evidence of the whereabouts and inventory of narcotics (Section 13 BtMVV).
- Narcotic prescriptions and narcotic requisition bills. In particular, it must be checked whether the provisions on prescribing narcotics have been observed (Section 13 (1) BtMG, Sections 1 to 11 BtMVV). In addition, verification of compliance with the requirements for the orderly storage of prescriptions and requisition slips and for dispensing documents in accordance with the Narcotics Domestic Trade Ordinance (BtMBinHV).
- Storage of narcotics. It must be determined whether the narcotics are stored separately and secured against unauthorized removal (Section 15 sentence 1 BtMG). The "Guidelines on Measures for Securing Narcotics Stocks in Hospitals, Public Pharmacies, Medical Practices and Homes for the Elderly and Nursing Homes" issued by the Federal Institute for Drugs and Medical Devices - Federal Opium Agency - are taken into account here.
- Records of the destruction of narcotics.
- Inventory of narcotics. As a rule, stock checks are only to be carried out on a random basis.
- Monitoring of narcotics traffic in substitution, especially with regard to the above-mentioned areas.
Reports or suspicions of violations of narcotics regulations in the above-mentioned medical facilities must therefore be addressed to the local health authority responsible for the facility.