Sec. 306. Disposal of controlled substances of a deceased hospice patient by employees of a hospice program
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Section 302(g) of the Controlled Substances Act ( 21 U.S.C. 822(g) ) is amended by adding at the end the following: 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. In this paragraph: The term employee of a qualified hospice program means a physician, physician assistant, or nurse who— is employed by, or is acting pursuant to arrangements made with, a qualified hospice program; and is licensed or certified to perform such employment or acts in accordance with applicable State law.
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) ). The term hospice patient means an individual receiving hospice care. The term qualified hospice program means a hospice program that— has written policies and procedures for employees of the hospice program to use assisting in the disposal of the controlled substances of a hospice patient after the hospice patient's death; at the time when the controlled substances are first ordered— provides a copy of the written policies and procedures to the hospice patient or hospice patient representative and the family of the hospice patient; discusses the policies and procedures with the hospice patient or hospice patient's representative and the hospice patient's family in a language and manner that such individuals understand to ensure that such individuals are informed regarding the safe disposal of controlled substances; and documents in the clinical record of the hospice patient that the written policies and procedures were provided and discussed with the hospice patient or hospice patient's representative; and 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 a list of all controlled substances disposed of.
The Attorney General may, by regulation, include additional types of licensed medical professionals in the definition of the term employee of a qualified hospice program under subparagraph (B). . Section 302(c) of the Controlled Substances Act ( 21 U.S.C. 822(c) ) is amended by adding at the end the following: An employee of a qualified hospice program for the purpose of assisting in the disposal of a controlled substance in accordance with subsection (g)(5). . The Attorney General may issue guidance to qualified 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). 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. 306
Disposal of controlled substances of a deceased hospice patient by employees of a hospice program
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