A controlled substance may not be accepted for donation. A controlled substance submitted for donation must be returned immediately to the donor or the donor’s representative who provided the controlled substance. In the event that a controlled substance enters the participating pharmacy and it is not practicable to return the controlled substance to the donor or the donor’s representative due to an inability to identify the donor or the donor’s representative or due to the refusal by the donor or the donor’s representative to receive them, the abandoned controlled substance must be documented and destroyed rendering the chemical compound to be non-retrievable per 21 C.F.R. § 1300.05(b), in effect on April 1, 2021. A pharmacist or other person with authority to dispense controlled substances shall destroy the controlled substance. Another employee of the participating pharmacy shall witness the destruction.

Source: 49 SDR 51, effective November 27, 2022 .

General Authority: SDCL 34-20H-7 (2)(3).

Law Implemented: SDCL 34-20H-2 , 34-20H-3 .