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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5041 Referred in Senate (RFS)]

<DOC>
115th CONGRESS
  2d Session
                                H. R. 5041

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2018

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT

 
To amend the Controlled Substances Act to authorize the employees of a 
    hospice program to handle controlled substances lawfully in the 
 possession of a deceased hospice patient for the purpose of disposal.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Disposal of Unused Medication 
Act''.

SEC. 2. DISPOSAL OF CONTROLLED SUBSTANCES OF A DECEASED HOSPICE PATIENT 
              BY EMPLOYEES OF A QUALIFIED HOSPICE PROGRAM.

    Subsection (g) of section 302 of the Controlled Substances Act (21 
U.S.C. 822) is amended by adding at the end the following:
    ``(5)(A) In the case of a person receiving hospice care, an 
employee of a qualified hospice program, acting within the scope of 
employment, may handle, without being registered under this section, 
any controlled substance that was lawfully dispensed to the person 
receiving hospice care, for the purpose of disposal of the controlled 
substance after the death of such person, so long as such disposal 
occurs onsite in accordance with all applicable Federal, State, Tribal, 
and local law.
    ``(B) For the purposes of this paragraph:
            ``(i) The terms `hospice care' and `hospice program' have 
        the meanings given to those terms in section 1861(dd) of the 
        Social Security Act.
            ``(ii) The term `employee of a qualified hospice program' 
        means a physician, nurse, or other person who--
                    ``(I) is employed by, or pursuant to arrangements 
                made by, a qualified hospice program;
                    ``(II)(aa) is licensed to perform medical or 
                nursing services by the jurisdiction in which the 
                person receiving hospice care was located; and
                    ``(bb) is acting within the scope of such 
                employment in accordance with applicable State law; and
                    ``(III) has completed training through the 
                qualified hospice program regarding the disposal of 
                controlled substances in a secure and responsible 
                manner so as to discourage abuse, misuse, or diversion.
            ``(iii) The term `qualified hospice program' means a 
        hospice program that--
                    ``(I) has written policies and procedures for 
                assisting in the disposal of the controlled substances 
                of a person receiving hospice care after the person's 
                death;
                    ``(II) at the time when the controlled substances 
                are first ordered--
                            ``(aa) provides a copy of the written 
                        policies and procedures to the patient or 
                        patient representative and family;
                            ``(bb) discusses the policies and 
                        procedures with the patient or representative 
                        and the family in a language and manner that 
                        they understand to ensure that these parties 
                        are educated regarding the safe disposal of 
                        controlled substances; and
                            ``(cc) documents in the patient's clinical 
                        record that the written policies and procedures 
                        were provided and discussed; and
                    ``(III) at the time following the disposal of the 
                controlled substances--
                            ``(aa) documents in the patient's clinical 
                        record the type of controlled substance, 
                        dosage, route of administration, and quantity 
                        so disposed; and
                            ``(bb) the time, date, and manner in which 
                        that disposal occurred.''.

            Passed the House of Representatives June 12, 2018.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```