La. Admin. Code tit. 46 § LIII-2749

Current through Register Vol. 50, No. 8, August 20, 2024

Section LIII-2749 - Disposal of Controlled Substances

A. Any person in possession of any controlled substance and desiring or required to dispose of such substance may request assistance from the special agent in charge of the DEA in the area in which the person is located for authority and instructions to dispose of such substance. The request should be made as follows:

1. if the person is a licensee, he shall list the controlled substance or substances which he desires to dispose of on DEA Form 41, and submit three copies of that form to the special agent in charge in his area; or

2. if the person is not a licensee, he shall submit to the special agent in charge a letter stating:

a. the name and address of the person;

b. the name and quantity of each controlled substance to be disposed of;

c. how the applicant obtained the substance, if known; and

d. the name, address, and registration number, if known, of the person who possessed the controlled substances prior to the applicant, if known.

B. The special agent in charge shall authorize and instruct the applicant to dispose of the controlled substance in one of the following manners:

1. by transfer to person licensed by the board and authorized to possess the substance;

2. by delivery to an agent of the DEA or to the nearest office of the DEA;

3. by destruction in the presence of an agent of the DEA or other authorized person; or

4. by such other means as the special agent in charge may determine to assure that the substance does not become available to unauthorized persons.

C. In the event that a licensee is required regularly to dispose of controlled substances, the special agent in charge may authorize the licensee to dispose of such substances, in accordance with this Section, without prior approval of the DEA in each instance, on the condition that the licensee keep records of such disposals and file periodic reports with the special agent in charge summarizing the disposals made by the licensee. In granting such authority, the special agent in charge may place such conditions as he deems proper on the disposal of controlled substances, including the method of disposal and the frequency and detail of reports.

D. When a patient or his designee wishes to return previously dispensed controlled dangerous substances to a pharmacy for disposal, the pharmacy shall inform the patient or his designee of the disposal mechanisms available to him. In the event the pharmacy elects to accept such previously dispensed products for disposal, the pharmacy shall comply with the following requirements:

1. From the time of receipt of such products until the time of disposal, the pharmacy shall quarantine such products to keep them separate from its active dispensing stock and shall take appropriate security measures to prevent the theft or diversion of such products.

2. The pharmacy shall comply with the provisions of 21 CFR § 1317 or its successor for the pharmacy's disposal of controlled substances.

La. Admin. Code tit. 46, § LIII-2749

Promulgated by the Department of Health and Hospitals, Board of Pharmacy, LR 34:2157 (October 2008), Amended by the Department of Health, Board of Pharmacy, LR 46794 (6/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:972.