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7 LONG TITLE
8 General Description:
9 This bill creates standards for the disposal of a controlled substance by a nursing care
10 facility.
11 Highlighted Provisions:
12 This bill:
13 ▸ creates standards for the disposal of a controlled substance by a nursing care
14 facility; and
15 ▸ requires a nursing care facility to develop a written plan for the disposal of a
16 controlled substance by the nursing care facility.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 26-21-30, Utah Code Annotated 1953
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25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 26-21-30 is enacted to read:
27 26-21-30. Disposal of controlled substances at nursing care facilities.
28 (1) As used in this section:
29 (a) "Controlled substance" means the same as that term is defined in Section 58-37-2.
30 (b) (i) "Irretrievable" means a state in which the physical or chemical condition of a
31 controlled substance is permanently altered through irreversible means so that the controlled
32 substance is unavailable and unusable for all practical purposes.
33 (ii) A controlled substance is irretrievable if the controlled substance is non-retrievable
34 as that term is defined in 21 C.F.R. Sec. 1300.05.
35 (2) A nursing care facility that is in lawful possession of a controlled substance in the
36 nursing care facility's inventory that desires to dispose of the controlled substance shall dispose
37 of the controlled substance in a manner that:
38 (a) renders the controlled substance irretrievable; and
39 (b) complies with all applicable federal and state requirements for the disposal of a
40 controlled substance.
41 (3) A nursing care facility shall:
42 (a) develop a written plan for the disposal of a controlled substance in accordance with
43 this section; and
44 (b) make the plan described in Subsection (3)(a) available to the department and the
45 committee for inspection.
Legislative Review Note
Office of Legislative Research and General Counsel