Ala. Admin. Code r. 680-X-2-.42

Current through Register Vol. 42, No. 8, May 31, 2024

Section 680-X-2-.42 - Requirements For The Disposal of Prescription Drug By Pharmacies Collected From Ultimate User(s) Or Person(s) Entitled To Dispose Of Drugs

(1) This Rule shall apply only to the collection and disposal of prescription drugs by pharmacies returned or received from an ultimate user or a person entitled to dispose of prescription drugs.

(2) An ultimate user is a person who has lawfully obtained and who possesses the controlled substance for his own use or for the use of a member of his/her household or an animal owned by him/her or a member of his/her household.

(3) A person entitled to dispose of prescription drugs is one lawfully entitled to dispose of a decedent's property if that decedent was an ultimate user who died while in possession of prescription drugs (hereinafter referred to as Other Person(s)).

(4) Any pharmacy which intends to receive, collect and dispose of controlled substances from an ultimate user(s) or Other Person(s) shall comply with the applicable provisions of any existing rule or regulation or any amendment or revision thereto adopted pursuant to the Secure and Responsible Drug Disposal Act of 2010. Each such pharmacy shall submit to the Board the necessary authorization to be a collector issued by the DEA within ten (10) days of the receipt thereof. In the event any such pharmacy ceases activities as a collector the Board shall be notified in the same manner as required by the applicable Federal rule or regulation.

(5) Any pharmacy who also intends to receive, collect and dispose of non-controlled prescription drugs from ultimate user(s) or from Other Person(s) shall also comply with the same requirements relating to controlled substances with the exception of any requirement for authorization from the DEA. Each such pharmacy shall notify the Board at the same time of the submission of the Authorization referenced in Paragraph 3 above as well as the notification at the same time if such pharmacy ceases activities as a collector referenced in Paragraph 3 above. Author:

Ala. Admin. Code r. 680-X-2-.42

New Rule: Filed November 25, 2013; effective December 30, 2013.

Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 12, September 28, 2018, eff. 11/5/2013.

Author: James S. Ward, J.D

Statutory Authority:Code of Ala. 1975, § 34-23-92.