[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2661 Introduced in Senate (IS)]

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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.

    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 ``Hospice Safe Drug Disposal Act of 
2018''.

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

    (a) In General.--Section 302(g) of the Controlled Substances Act 
(21 U.S.C. 822(g)) is amended by adding at the end the following:
    ``(5)(A) An employee of a qualified hospice program acting within 
the scope of employment may handle, in the place of residence of a 
hospice patient, any controlled substance that was lawfully dispensed 
to the hospice patient, for the purpose of assisting in the disposal of 
the controlled substance after the hospice patient's death.
    ``(B) In this paragraph:
            ``(i) The term `employee of a qualified hospice program' 
        means a person (including a physician, nurse, or physician 
        assistant) who--
                    ``(I) is employed by, or pursuant to arrangements 
                made by, a qualified hospice program; and
                    ``(II) is licensed or certified to perform such 
                employment in accordance with applicable State law.
            ``(ii) The terms `hospice care' and `hospice program' have 
        the meanings given those terms in section 1861(dd) of the 
        Social Security Act (42 U.S.C. 1395x(dd)).
            ``(iii) The term `hospice patient' means an individual 
        receiving hospice care.
            ``(iv) 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 hospice patient after the hospice patient'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 hospice patient 
                        or hospice patient representative and the 
                        family of the hospice patient;
                            ``(bb) discusses the policies and 
                        procedures with the hospice patient or hospice 
                        patient representative and the family in a 
                        language and manner that those individuals 
                        understand to ensure that those individuals are 
                        educated regarding the safe disposal of 
                        controlled substances; and
                            ``(cc) documents in the clinical record of 
                        the hospice patient that the written policies 
                        and procedures were provided and discussed; and
                    ``(III) at the time when an employee of the hospice 
                program assists in the disposal of controlled 
                substances of a hospice patient, documents in the 
                clinical record of the hospice patient all disposed 
                controlled substances.''.
    (b) Guidance.--Not later than 90 days after the date of enactment 
of this Act, and after providing notice and opportunity for public 
comment, the Attorney General shall issue guidance to hospice programs 
to assist the programs in satisfying the requirements under paragraph 
(5) of section 302(g) of the Controlled Substances Act (21 U.S.C. 
822(g)), as added by subsection (a).

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

    (a) Study.--
            (1) In general.--The Comptroller General of the United 
        States (in this section referred to as the ``Comptroller 
        General'') shall conduct a study on the requirements applicable 
        to and challenges of hospice programs with regard to the 
        management and disposal of controlled substances in the home of 
        an individual.
            (2) Contents.--In conducting the study under paragraph (1), 
        the Comptroller General shall include--
                    (A) an overview of challenges encountered by 
                hospice programs regarding the disposal of controlled 
                substances, such as opioids, in a home setting, 
                including any key changes in disposal of controlled 
                substances over time; and
                    (B) a description of Federal requirements, 
                including requirements under the Medicare program, for 
                hospice programs regarding the disposal of controlled 
                substances in a home setting, and oversight of 
                compliance with those requirements.
    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the Comptroller General shall submit to Congress a report 
containing the results of the study conducted under subsection (a), 
together with recommendations, if any, for such legislation and 
administrative action as the Comptroller General determines 
appropriate.
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