Originally published in the March/April 2018 issue of the OVMA Observer.

By Jack Advent, CAE
OVMA Executive Director

The Ohio Board of Pharmacy modified its “Disposal of dangerous drugs which are controlled substances” rule (Ohio Administrative Code 4729-9-06*) to create a definition of “non-retrievable,” reference to DEA guidelines within the Code of Federal Regulations and, to some degree, make it easier to dispose of controlled substances.

Those circumstances in which you have controlled substances that have exceeded their expiration date or are otherwise not usable, you can dispose of controlled drugs in one of the following ways:

• Use of a reverse distributor, which picks up the drugs at your location. (Reverse distributors are approved by the DEA.)
• Return the drug to its manufacturer in the event of a recall or other pharmaceutical manufacturer-initiated action.
• Request assistance from a DEA field agent in your location.
• Destroy the drugs utilizing an on-site method that renders them “non-retrievable.”

If you choose the later option, you must have two employees who are authorized under state law to handle controlled substances (i.e., veterinarians and technicians) witness and attest to the controlled substances being rendered non-retrievable. A record of the drugs, the method of destruction and the witnessing employees must be kept for at least three years.

“Non-retrievable” is defined as a condition that:

“permanently alters that controlled substance’s physical or chemical condition or state through irreversible means and thereby renders the dangerous drugs which are controlled substances unavailable and unusable for all practical purposes.”

The Pharmacy Board has identified incineration and the use of drug destruction containers that meet DEA standards as appropriate means of rendering a drug non-retrievable. Other methods may be used, depending on the drug and the means for permanently altering its condition, but they must clearly meet the defined non-retrievable standard.

In short, when you choose to handle disposal of controlled substances on site, be sure to keep a complete and accurate record, have at least two qualified employees to observe the destruction and utilize methods that meet the non-retrievable criteria.

*This number will change to 4729:5-3-01 in April 2018 as the Board of Pharmacy restructures its administrative rules.