(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.
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