West Virginia Code of State Rules
Agency 11 - Medicine
Title 11 - LEGISLATIVE RULE WEST VIRGINIA BOARD OF MEDICINE
Series 11-05 - Dispensing of Prescription Drugs by Practitioners
Section 11-5-8 - Returned or Surrendered Drugs; Authorization and Procedures for Destruction; Prohibition on Reuse

Universal Citation: 11 WV Code of State Rules 11-5-8

Current through Register Vol. XLI, No. 38, September 20, 2024

8.1. In accord with current federal DEA regulations, licensees of the Board are prohibited from accepting unused and/or unwanted controlled substances from or on behalf of patients.

8.2. A licensee may refer individuals in lawful possession of unwanted and unused controlled substances and who are seeking disposal assistance to:

8.2.a. Entities which are registered with the DEA as authorized collectors to receive the transfer from ultimate users of any unwanted and unused pharmaceutical controlled substances in their lawful possession for safe, secure, and responsible disposal pursuant to 21 C.F.R. § 1317.40;

8.2.b. Local law enforcement operating federally authorized take-back events, mail-back programs, or collection receptacles; and/or

8.2.c. The DEA website for information regarding proper methods of self-disposal by the lawful possessor.

8.3. With the exception of controlled substances, a licensee of the Board may accept unused prescription drugs from or on behalf of patients for the purpose of proper disposal.

8.4. The disposal of returned or surrendered prescription drugs shall occur promptly, and no later than thirty days after receipt.

8.5. Until disposed of, returned or surrendered prescription drugs shall be stored in a locked or otherwise secure area to prevent access by unauthorized individuals.

8.6. Returned or surrendered prescription drugs may not be stored with a practitioner's office use or dispensing inventory.

8.7. A licensee who accepts returned or surrendered prescription drugs shall maintain a log which lists:

8.7.a. The name of the patient to whom the retuned or surrendered drug was dispensed;

8.7.b. The strength of the returned or surrendered drug;

8.7.c. The quantity returned or surrendered;

8.7.d. The date and manner of disposal; and

8.7.e. The printed name and signature of the individual who actually disposed of the drug.

8.8. Logs required by subsection 8.7 must be maintained for a period of two years after disposal of the returned or surrendered prescription drug.

8.9. A practitioner may not dispense, administer or reuse any returned or surrendered drug unless such dispensing, administering or reuse occurs pursuant to and in accord with the requirements of a prescription drug donation program established by this state.

Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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