26B-2-229. Disposal of controlled substances at nursing care facilities.
(1) As used in this section:
(a) "Controlled substance" means the same as that term is defined in Section 58-37-101.
(b)(i) "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.
(ii) 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:
(a) renders the controlled substance irretrievable; and
(b) complies with all applicable federal and state requirements for the disposal of a controlled substance.
(3) A nursing care facility shall:
(a) develop a written plan for the disposal of a controlled substance in accordance with this section; and
(b) make the plan described in Subsection (3)(a) available to the department and the committee for inspection.