Legend drugs not controlled under SDCL chapter 34-20B shall be destroyed or disposed of by a nurse and another witness. Destruction or disposal of medications controlled under SDCL chapter 34-20B shall be witnessed by two persons, both of whom are a nurse or pharmacist, as designated by facility policy. Methods of destruction or disposal may include:

1. (1) Disposal by using a professional waste hauler to take the medications to a permitted medical waste facility or by facility disposal at a permitted municipal solid waste landfill. Prior to disposal, all medications must be removed from original containers and made unpalatable by the addition of adulterants and alteration of solid dosage forms by dissolving or combination into a solid mass;
2. (2) Return to the dispensing pharmacy for destruction or disposal according to federal and state regulations; or

3. (3) Return to an authorized reverse distributor company licensed by the South Dakota Board of Pharmacy.

   Medications controlled under SDCL chapter 34-20B may not be returned to the dispensing pharmacy or to an authorized reverse distributor company.

   Documentation of destruction or disposal of medications must be included in the resident's record. The documentation must include the method of disposition (destruction, disposal, or return to pharmacy); the medication name, strength, prescription number (asapplicable), quantity, and date of disposition; and the name of any person who witnessed the destruction or disposal.

   Medications, excluding those controlled under SDCL chapter 34-20, contained in unit dose packaging meeting the requirements of § 20:51:13:02.01 may be returned to the dispensing pharmacy for credit and redispensing.

   Any medication held for disposal must be physically separated from the medications being used in the facility, and locked with access limited in an area with a system to reconcile, audit, or monitor them to prevent diversion.

Source: 38 SDR 115, effective January 9, 2012 ; 46 SDR 65, effective November 26, 2019.

General Authority: SDCL 34-12-13(9).

Law Implemented: SDCL 34-12-13(9).

Prior versions effective: 2012-01-09.