DOH Guidance on Controlled Substance Storage and Disposal Also Intended for ACFs
(July 16, 2024) In April 2024, the Department of Health's (DOH) Bureau of Narcotics Enforcement (BNE) issued guidance for nursing homes with Class 3A Institutional Dispenser Limited Licenses regarding storage and disposal of controlled substances. The Department recently stated that adult care facilities (ACFs) are also subject to the guidance.
Members are encouraged to read the new guidance in its entirety. The following are some key elements related to disposition of controlled substances:
- When a resident is discharged, all prescribed controlled substances must be turned over to the resident, unless they are discontinued by the prescriber. The facility may not legally possess the controlled substance after the resident is discharged.
- Upon a resident's death while residing in the facility, the licensee may retain possession of the prescribed medications for purposes of proper disposal.
- Facilities should take steps to reduce the amount of controlled substances coming into their premises, in order to reduce diversion. They should work with medical directors and pharmacy consultants to make appropriate decisions about controlled substance prescriptions, including whether they should be partially filled or whether prescriptions may be issued for a shorter time period.
- Collection receptacles may be maintained in nursing homes by hospital and retail pharmacies. Controlled and non-controlled substances may be co-mingled in these receptacles. However, the facility may only dispose of controlled substances that were lawfully prescribed to a resident. Licensed 3A facilities may not transport controlled substances or a filled drop box liner outside of the facility.
- Facilities may participate in the Drug Take Back program. More information about the program is available here.
Please see LeadingAge NY's previous Intelligence article on the guidance for more information.
Contact: Meg Everett, meverett@leadingageny.org, 518-867-8871