The provisions of this subchapter do not apply to an investigative audit of pharmacy records when any of the following apply:
(1) Fraud, waste, abuse, or other intentional misconduct is indicated by physical review or review of claims data or statements.
(2) Other investigative methods indicate a pharmacy is or has been engaged in criminal wrongdoing, fraud, or other intentional or wilful misrepresentation.
(3) The audit is being conducted by the State.