Nursing care facility: means a health care facility, other than a general acute or specialty hospital, constructed, licensed, and operated to provide patient living accommodations, 24-hour staff availability, and at least two of the following patient services:
(a)
a selection of patient care services, under the direction and supervision of a registered nurse, ranging from continuous medical, skilled nursing, psychological, or other professional therapies to intermittent health-related or paraprofessional personal care services;
(b)
a structured, supportive social living environment based on a professionally designed and supervised treatment plan, oriented to the individual's habilitation or rehabilitation needs; or
(c)
a supervised living environment that provides support, training, or assistance with individual activities of daily living. See Utah Code 26B-2-201
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)
“Controlled substance” means the same as that term is defined in Section 58-37-2.
(b)
(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.
(ii)
A controlled substance is irretrievable if the controlled substance is non-retrievable as that term is defined in 21 C.F.R. § 1300.05.
(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:
(a)
renders the controlled substance irretrievable; and
(b)
complies with all applicable federal and state requirements for the disposal of a controlled substance.
(3)
A nursing care facility shall:
(a)
develop a written plan for the disposal of a controlled substance in accordance with this section; and
(b)
make the plan described in Subsection (3)(a) available to the department and the committee for inspection.
Renumbered and Amended by Chapter 305, 2023 General Session
