26B-2-229. Disposal of controlled substances at nursing care facilities.
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Effective 5/6/2026
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 .
(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.
Amended by Chapter 362 , 2026 General Session