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 Com-
merce, and in addition to the Committee on the Judiciary, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Safe Disposal of Un-
used Medication Act’’. 
VerDate Sep 11 2014 
22:50 Feb 21, 2018
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5041.IH
H5041
amozie on DSK30RV082PROD with BILLS
SEC. 2. DISPOSAL OF CONTROLLED SUBSTANCES OF A DE-
CEASED HOSPICE PATIENT BY EMPLOYEES 
OF A HOSPICE PROGRAM. 
(a) IN GENERAL.—Subsection (g) of section 302 of 
the Controlled Substances Act (21 U.S.C. 822) is amend-
ed 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, in the person’s 
place of residence, any controlled substance that was law-
fully dispensed to the person, for the purpose of assisting 
in the disposal of the controlled substance after the per-
son’s death. 
‘‘(B) In this paragraph: 
‘‘(i) The terms ‘hospice care’ and ‘hospice pro-
gram’ have the meanings give to those terms in sec-
tion 1861(dd) of the Social Security Act. 
‘‘(ii) The term ‘employee of a hospice program’ 
means a person (including a physician or nurse) 
who— 
‘‘(I) is employed by, or pursuant to ar-
rangements made by, a hospice program; and 
‘‘(II) is licensed or certified to perform 
such employment in accordance with applicable 
State law. 
VerDate Sep 11 2014 
22:50 Feb 21, 2018
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5041.IH
H5041
amozie on DSK30RV082PROD with BILLS
‘‘(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 sub-
stances of a person receiving hospice care after 
the person’s death; and 
‘‘(II) at the time when the controlled sub-
stances 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 proce-
dures 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 clin-
ical record that the written policies and 
procedures were provided and discussed.’’. 
(b) NO REGISTRATION REQUIRED.—Subsection (c) 
of section 302 of the Controlled Substances Act (21 
U.S.C. 822) is amended by adding at the end the fol-
lowing: 
VerDate Sep 11 2014 
22:50 Feb 21, 2018
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5041.IH
H5041
amozie on DSK30RV082PROD with BILLS
‘‘(4) An employee of a hospice program for the 
purpose of assisting in the disposal of a controlled 
substance in accordance with subsection (g)(5).’’. 
Æ 
VerDate Sep 11 2014 
22:50 Feb 21, 2018
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H5041.IH
H5041
amozie on DSK30RV082PROD with BILLS