I 

115TH CONGRESS 

2D SESSION H. R. 5041 

To amend the Controlled Substances Act to authorize the employees of a 

hospice program to handle controlled substances in the residence of 

a deceased hospice patient to assist in disposal. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2018 

Mr. WALBERG (for himself, Mrs. DINGELL, and Mr. HUDSON) introduced the 

following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To amend the Controlled Substances Act to authorize the 

employees of a hospice program to handle controlled 

substances in the residence of a deceased hospice patient 

to assist in disposal. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Safe Disposal of Un5 used Medication Act’’. 


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1 SEC. 2. DISPOSAL OF CONTROLLED SUBSTANCES OF A DE2 CEASED HOSPICE PATIENT BY EMPLOYEES 

3 OF A HOSPICE PROGRAM. 

4 (a) IN GENERAL.—Subsection (g) of section 302 of 

5 the Controlled Substances Act (21 U.S.C. 822) is amend6 ed by adding at the end the following: 

7 ‘‘(5)(A) In the case of a person receiving hospice care, 

8 an employee of a qualified hospice program, acting within 

9 the scope of employment, may handle, in the person’s 

10 place of residence, any controlled substance that was law11 fully dispensed to the person, for the purpose of assisting 

12 in the disposal of the controlled substance after the per13 son’s death. 

14 ‘‘(B) In this paragraph: 

15 ‘‘(i) The terms ‘hospice care’ and ‘hospice pro16 gram’ have the meanings give to those terms in sec17 tion 1861(dd) of the Social Security Act. 

18 ‘‘(ii) The term ‘employee of a hospice program’ 

19 means a person (including a physician or nurse) 

20 who— 

21 ‘‘(I) is employed by, or pursuant to ar22 rangements made by, a hospice program; and 

23 ‘‘(II) is licensed or certified to perform 

24 such employment in accordance with applicable 

25 State law. 


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1 ‘‘(iii) The term ‘qualified hospice program’ 

2 means a hospice program that— 

3 ‘‘(I) has written policies and procedures for 

4 assisting in the disposal of the controlled sub5 stances of a person receiving hospice care after 

6 the person’s death; and 

7 ‘‘(II) at the time when the controlled sub8 stances are first ordered— 

9 ‘‘(aa) provides a copy of the written 

10 policies and procedures to the patient or 

11 patient representative and family; 

12 ‘‘(bb) discusses the policies and proce13 dures with the patient or representative 

14 and the family in a language and manner 

15 that they understand to ensure that these 

16 parties are educated regarding the safe 

17 disposal of controlled substances; and 

18 ‘‘(cc) documents in the patient’s clin19 ical record that the written policies and 

20 procedures were provided and discussed.’’. 

21 (b) NO REGISTRATION REQUIRED.—Subsection (c) 

22 of section 302 of the Controlled Substances Act (21 

23 U.S.C. 822) is amended by adding at the end the fol24 lowing: 


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1 ‘‘(4) An employee of a hospice program for the 

2 purpose of assisting in the disposal of a controlled 

3 substance in accordance with subsection (g)(5).’’. 

Æ 


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