[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5041 Introduced in House (IH)]

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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.

    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 HOSPICE PROGRAM.

    (a) In General.--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, in the person's place of residence, any 
controlled substance that was lawfully dispensed to the person, for the 
purpose of assisting in the disposal of the controlled substance after 
the person's death.
    ``(B) In this paragraph:
            ``(i) The terms `hospice care' and `hospice program' have 
        the meanings give to those terms in section 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 arrangements 
                made by, a hospice program; and
                    ``(II) is licensed or certified to perform such 
                employment in accordance with applicable State law.
            ``(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; and
                    ``(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.''.
    (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 following:
            ``(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).''.
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