A facility shall ensure that a legend medication not controlled under SDCL chapter 34-20B is destroyed or disposed of by a nurse and another witness. Destruction or disposal of medication controlled under SDCL chapter 34-20B must be witnessed by two persons, both of whom must be a nurse or pharmacist, as designated by facility policy. The following are authorized methods of destruction or disposal:

1. (1) 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 according to federal and state regulations;
3. (3) Return to an authorized reverse distributor company licensed by the South Dakota Board of Pharmacy; or

4. (4) Release to resident upon discharge after authorization by the resident's prescribing practitioner.

   The facility shall document destruction or disposal of medications in the resident's record. The documentation must include the method of disposition, the medication name and strength, prescription number, quantity, date of disposition, and the name of any person who witnessed the destruction or disposal.

   A facility may return medication, excluding those controlled under SDCL chapter 34-20B, contained in unit dose packaging meeting the requirements of § 20:51:13:02.01 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 in an area accessible to nursing and pharmacy personnel only. The facility shall establish a system to reconcile, audit, and monitor medication held for disposal to prevent diversion.

Source: 14 SDR 81, effective December 10, 1987; 22 SDR 70, effective November 19, 1995; 24 SDR 90, effective January 4, 1998; transferred from § 44:04:08:04.02 , 42 SDR 51, effective October 13, 2015 ; 51 SDR 53, effective November 11, 2024 .

General Authority: SDCL 34-12-13 .

Law Implemented: SDCL 34-12-13 .

Prior versions effective: 2015-10-13.