1. (1) Legal drugs or devices that the Division finds compliant with Title 58, Chapter 17b, Pharmacy Practice Act, shall be returned to the pharmacy's consulting pharmacist, designated representative, responsible party, PIC, RDPIC, or DMPIC, at the conclusion of the investigative or adjudicative proceedings and appeals.

2. (2)(a) Drugs or devices that the Division finds to be unlawfully possessed, adulterated, misbranded, outdated, or otherwise in violation of Title 58, Chapter 17b, Pharmacy Practice Act, shall be destroyed by Division personnel at the conclusion of the investigative or adjudicative proceedings and appeals.

   1. (b) The destruction of seized controlled substance drugs shall be witnessed by two Division individuals. A controlled substance destruction form shall be completed and retained by the Division.
3. (3) An investigator may, upon determination that the violations observed pose an imminent peril to the public health, safety, or welfare, recommend to the Division Director to issue an emergency licensure action, such as cease and desist.

Under Subsection 58-17b-103(3)(f), the procedure for disposing of drugs or devices seized by the Division during an administrative inspection is as follows:

KEY: pharmacists, licensing, pharmacies

Date of Last Change: August 8, 2025

Notice of Continuation: August 5, 2024

Authorizing, and Implemented or Interpreted Law: 63G-3-201; 58-17b-101; 58-17b-601(1); 58-37-1; 58-1-106(1)(a); 58-1-202(1)(a)