26B-2-229. Disposal of controlled substances at nursing care facilities.
(1) As used in this section: "Controlled substance" means the same as that term is defined in Section. 58-37-101 "Irretrievable" means a state in which the physical or chemical condition of a controlled substance is permanently altered through irreversible means so that the controlled substance is unavailable and unusable for all practical purposes. A controlled substance is irretrievable if the controlled substance is non-retrievable as that term is defined in 21 C.F.R. Sec. 1300.05.
(2) A nursing care facility that is in lawful possession of a controlled substance in the nursing care facility's inventory that desires to dispose of the controlled substance shall dispose of the controlled substance in a manner that: renders the controlled substance irretrievable; and complies with all applicable federal and state requirements for the disposal of a controlled substance.
(3) A nursing care facility shall: develop a written plan for the disposal of a controlled substance in accordance with this section; and make the plan described in Subsectionavailable to the department and the committee for inspection. (3)(a)