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A BILL TO BE ENTITLED
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AN ACT
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relating to disposal of controlled substance prescription drugs by |
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hospice service providers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 142, Health and Safety Code, is amended |
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by adding Subchapter C to read as follows: |
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SUBCHAPTER C. DISPOSAL OF CONTROLLED SUBSTANCE PRESCRIPTION DRUGS |
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BY HOSPICE SERVICE PROVIDER |
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Sec. 142.041. DEFINITION. In this subchapter, "license |
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holder" means a home and community support services agency licensed |
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under this chapter to provide hospice services. |
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Sec. 142.042. POLICY. (a) A license holder may adopt |
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written policies and procedures related to the disposal of a |
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patient's unused controlled substance prescription drugs on the |
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patient's death or in other circumstances in which disposal is |
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appropriate. |
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(b) A license holder that adopts policies and procedures |
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under this section shall: |
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(1) provide a copy of the policies and procedures to |
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the patient and the patient's family; |
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(2) discuss the policies and procedures with the |
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patient and the patient's family in a language and manner the |
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patient and patient's family understand; and |
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(3) document in the patient's clinical record that the |
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policies and procedures were provided and discussed under |
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Subdivisions (1) and (2). |
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Sec. 142.043. EMPLOYEE TRAINING. (a) This section applies |
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to an employee of a license holder who is a health care professional |
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licensed under Title 3, Occupations Code. |
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(b) A license holder may provide training to the employees |
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described by Subsection (a) regarding the secure and responsible |
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disposal of controlled substance prescription drugs in a manner |
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that discourages abuse, misuse, or diversion. |
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Sec. 142.044. AUTHORIZED DISPOSAL. (a) If the license |
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holder has complied with Section 142.042(b) with respect to a |
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patient, a health care professional employee who has completed the |
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training under Section 142.043(b) may confiscate and dispose of a |
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patient's controlled substance prescription drug if: |
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(1) the patient has died; |
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(2) the drug has expired; or |
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(3) the patient's physician has given written |
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instructions that the patient should no longer use the drug. |
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(b) The employee confiscating the controlled substance |
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prescription drug shall dispose of the drug in a manner consistent |
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with recommendations of the United States Food and Drug |
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Administration and the laws of this state. |
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(c) The disposal of a controlled substance prescription |
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drug under this section must occur at the location at which the drug |
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was confiscated and be witnessed by another person 18 years of age |
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or older. |
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(d) After disposing of the controlled substance |
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prescription drug, the employee shall document in the patient's |
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record: |
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(1) the name of the drug; |
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(2) the dosage of the drug the patient was receiving; |
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(3) the route of controlled substance prescription |
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drug administration; |
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(4) the quantity of the controlled substance |
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prescription drug originally dispensed and the quantity of the drug |
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remaining; and |
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(5) the time, date, and manner of disposal. |
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(e) An employee shall document in a patient's file if a |
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family member of the patient prevented the confiscation and |
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disposal of a controlled substance prescription drug as authorized |
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under this section. |
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SECTION 2. This Act takes effect September 1, 2019. |