Utah Admin. Code R156-17b-103 - Licensure - Administrative Inspection
Under Subsection 58-17b-103(3)(f), the procedure for disposing of drugs or devices seized by the Division during an administrative inspection is as follows:
(1) Legal drugs or devices that the Division
finds compliant with Title 58, Chapter 17b, Pharmacy Practice Act, shall be
returned to the pharmacy's consulting pharmacist, designated representative,
responsible party, PIC, RDPIC, or DMPIC, at the conclusion of the investigative
or adjudicative proceedings and appeals.
(2)
(a)
Drugs or devices that the Division finds to be unlawfully possessed,
adulterated, misbranded, outdated, or otherwise in violation of Title 58,
Chapter 17b, Pharmacy Practice Act, shall be destroyed by Division personnel at
the conclusion of the investigative or adjudicative proceedings and
appeals.
(b) The destruction of
seized controlled substance drugs shall be witnessed by two Division
individuals. A controlled substance destruction form shall be completed and
retained by the Division.
(3) An investigator may, upon determination
that the violations observed pose an imminent peril to the public health,
safety, or welfare, recommend to the Division Director to issue an emergency
licensure action, such as cease and desist.
Notes
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