1. (1) As used in this section:

   1. (a) "Controlled substance" means the same as that term is defined in Section 58-37-101.

   2. (b)

      1. (i) "Irretrievable" means a state in which the physical or chemical condition of a controlled substance is permanently altered through irreversible means so that the controlled substance is unavailable and unusable for all practical purposes.
      2. (ii) A controlled substance is irretrievable if the controlled substance is non-retrievable as that term is defined in 21 C.F.R. Sec. 1300.05.

2. (2) A nursing care facility that is in lawful possession of a controlled substance in the nursing care facility's inventory that desires to dispose of the controlled substance shall dispose of the controlled substance in a manner that:

   1. (a) renders the controlled substance irretrievable; and
   2. (b) complies with all applicable federal and state requirements for the disposal of a controlled substance.

3. (3) A nursing care facility shall:

   1. (a) develop a written plan for the disposal of a controlled substance in accordance with this section; and
   2. (b) make the plan described in Subsection (3)(a) available to the department and the committee for inspection.

Amended by Chapter 362, 2026 General Session