Sec. 3222. Disposal of controlled substances of a hospice patient by employees of a qualified hospice program
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Subsection
(g)of section 302 of the Controlled Substances Act ( 21 U.S.C. 822 ) is amended by adding at the end the following: 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 so long as such disposal occurs onsite in accordance with all applicable Federal, State, Tribal, and local law and— the disposal occurs after the death of a person receiving hospice care; the controlled substance is expired; or the employee is— the physician of the person receiving hospice care; and registered under section 303(f); and the hospice patient no longer requires the controlled substance because the plan of care of the hospice patient has been modified. For the purposes of this paragraph: The terms hospice care and hospice program have the meanings given to those terms in section 1861(dd) of the Social Security Act. The term employee of a qualified hospice program means a physician, physician assistant, nurse, or other person who— is employed by, or pursuant to arrangements made by, a qualified hospice program; is licensed to perform medical or nursing services by the jurisdiction in which the person receiving hospice care was located; and is acting within the scope of such employment in accordance with applicable State law; and 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. The term qualified hospice program means a hospice program that— 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; at the time when the controlled substances are first ordered— provides a copy of the written policies and procedures to the patient or patient representative and family; 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 documents in the patient’s clinical record that the written policies and procedures were provided and discussed; and at the time following the disposal of the controlled substances— documents in the patient’s clinical record the type of controlled substance, dosage, route of administration, and quantity so disposed; and the time, date, and manner in which that disposal occurred. . The Attorney General may issue guidance to hospice programs (as defined in paragraph
(5)of section 302(g) of the Controlled Substances Act ( 21 U.S.C. 822(g) ), as added by subsection (a)) to assist the programs in satisfying the requirements under such paragraph (5). Nothing in this section or the amendments made by this section shall be construed to prevent a State or local government from imposing additional controls or restrictions relating to the regulation of the disposal of controlled substances in hospice care or hospice programs.
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Sec. 3222
Disposal of controlled substances of a hospice patient by employees of a qualified hospice program
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