II 

115TH CONGRESS 

2D SESSION S. 2661 

To amend the Controlled Substances Act to allow hospice providers to dispose 

of leftover prescription medications, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 12, 2018 

Ms. WARREN (for herself, Mr. RUBIO, Ms. HASSAN, and Ms. COLLINS) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Controlled Substances Act to allow hospice 

providers to dispose of leftover prescription medications, 

and for other purposes. 

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 ‘‘Hospice Safe Drug 

5 Disposal Act of 2018’’. 


lotter on DSKBCFDHB2PROD with BILLS
2 

•S 2661 IS

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

3 OF A HOSPICE PROGRAM. 

4 (a) IN GENERAL.—Section 302(g) of the Controlled 

5 Substances Act (21 U.S.C. 822(g)) is amended by adding 

6 at the end the following: 

7 ‘‘(5)(A) An employee of a qualified hospice program 

8 acting within the scope of employment may handle, in the 

9 place of residence of a hospice patient, any controlled sub10 stance that was lawfully dispensed to the hospice patient, 

11 for the purpose of assisting in the disposal of the con12 trolled substance after the hospice patient’s death. 

13 ‘‘(B) In this paragraph: 

14 ‘‘(i) The term ‘employee of a qualified hospice 

15 program’ means a person (including a physician, 

16 nurse, or physician assistant) who— 

17 ‘‘(I) is employed by, or pursuant to ar18 rangements made by, a qualified hospice pro19 gram; and 

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

21 such employment in accordance with applicable 

22 State law. 

23 ‘‘(ii) The terms ‘hospice care’ and ‘hospice pro24 gram’ have the meanings given those terms in sec25 tion 1861(dd) of the Social Security Act (42 U.S.C. 

26 1395x(dd)). 


lotter on DSKBCFDHB2PROD with BILLS
3 

•S 2661 IS

1 ‘‘(iii) The term ‘hospice patient’ means an indi2 vidual receiving hospice care. 

3 ‘‘(iv) The term ‘qualified hospice program’ 

4 means a hospice program that— 

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

6 assisting in the disposal of the controlled sub7 stances of a hospice patient after the hospice 

8 patient’s death; 

9 ‘‘(II) at the time when the controlled sub10 stances are first ordered— 

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

12 policies and procedures to the hospice pa13 tient or hospice patient representative and 

14 the family of the hospice patient; 

15 ‘‘(bb) discusses the policies and proce16 dures with the hospice patient or hospice 

17 patient representative and the family in a 

18 language and manner that those individ19 uals understand to ensure that those indi20 viduals are educated regarding the safe 

21 disposal of controlled substances; and 

22 ‘‘(cc) documents in the clinical record 

23 of the hospice patient that the written poli24 cies and procedures were provided and dis25 cussed; and 


lotter on DSKBCFDHB2PROD with BILLS
4 

•S 2661 IS

1 ‘‘(III) at the time when an employee of the 

2 hospice program assists in the disposal of con3 trolled substances of a hospice patient, docu4 ments in the clinical record of the hospice pa5 tient all disposed controlled substances.’’. 

6 (b) GUIDANCE.—Not later than 90 days after the 

7 date of enactment of this Act, and after providing notice 

8 and opportunity for public comment, the Attorney General 

9 shall issue guidance to hospice programs to assist the pro10 grams in satisfying the requirements under paragraph (5) 

11 of section 302(g) of the Controlled Substances Act (21 

12 U.S.C. 822(g)), as added by subsection (a). 

13 SEC. 3. GAO STUDY AND REPORT ON HOSPICE SAFE DRUG 

14 MANAGEMENT. 

15 (a) STUDY.— 

16 (1) IN GENERAL.—The Comptroller General of 

17 the United States (in this section referred to as the 

18 ‘‘Comptroller General’’) shall conduct a study on the 

19 requirements applicable to and challenges of hospice 

20 programs with regard to the management and dis21 posal of controlled substances in the home of an in22 dividual. 

23 (2) CONTENTS.—In conducting the study under 

24 paragraph (1), the Comptroller General shall in25 clude— 


lotter on DSKBCFDHB2PROD with BILLS
5 

•S 2661 IS

1 (A) an overview of challenges encountered 

2 by hospice programs regarding the disposal of 

3 controlled substances, such as opioids, in a 

4 home setting, including any key changes in dis5 posal of controlled substances over time; and 

6 (B) a description of Federal requirements, 

7 including requirements under the Medicare pro8 gram, for hospice programs regarding the dis9 posal of controlled substances in a home set10 ting, and oversight of compliance with those re11 quirements. 

12 (b) REPORT.—Not later than 18 months after the 

13 date of enactment of this Act, the Comptroller General 

14 shall submit to Congress a report containing the results 

15 of the study conducted under subsection (a), together with 

16 recommendations, if any, for such legislation and adminis17 trative action as the Comptroller General determines ap18 propriate. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS