By: Holland, et al. (Senate Sponsor - Paxton) H.B. No. 2594
         (In the Senate - Received from the House April 11, 2019;
  April 15, 2019, read first time and referred to Committee on Health &
  Human Services; May 17, 2019, reported favorably by the following
  vote:  Yeas 9, Nays 0; May 17, 2019, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to disposal of controlled substance prescription drugs by
  hospice service providers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 142, Health and Safety Code, is amended
  by adding Subchapter C to read as follows:
  SUBCHAPTER C. DISPOSAL OF CONTROLLED SUBSTANCE PRESCRIPTION DRUGS
  BY HOSPICE SERVICE PROVIDER
         Sec. 142.041.  DEFINITION. In this subchapter, "license
  holder" means a home and community support services agency licensed
  under this chapter to provide hospice services.
         Sec. 142.042.  POLICY. (a) A license holder may adopt
  written policies and procedures related to the disposal of a
  patient's unused controlled substance prescription drugs on the
  patient's death or in other circumstances in which disposal is
  appropriate.
         (b)  A license holder that adopts policies and procedures
  under this section shall:
               (1)  provide a copy of the policies and procedures to
  the patient and the patient's family;
               (2)  discuss the policies and procedures with the
  patient and the patient's family in a language and manner the
  patient and patient's family understand; and
               (3)  document in the patient's clinical record that the
  policies and procedures were provided and discussed under
  Subdivisions (1) and (2).
         Sec. 142.043.  EMPLOYEE TRAINING. (a) This section applies
  to an employee of a license holder who is a health care professional
  licensed under Title 3, Occupations Code.
         (b)  A license holder may provide training to the employees
  described by Subsection (a) regarding the secure and responsible
  disposal of controlled substance prescription drugs in a manner
  that discourages abuse, misuse, or diversion.
         Sec. 142.044.  AUTHORIZED DISPOSAL. (a) If the license
  holder has complied with Section 142.042(b) with respect to a
  patient, a health care professional employee who has completed the
  training under Section 142.043(b) may confiscate and dispose of a
  patient's controlled substance prescription drug if:
               (1)  the patient has died; 
               (2)  the drug has expired; or
               (3)  the patient's physician has given written
  instructions that the patient should no longer use the drug.
         (b)  The employee confiscating the controlled substance
  prescription drug shall dispose of the drug in a manner consistent
  with recommendations of the United States Food and Drug
  Administration and the laws of this state.
         (c)  The disposal of a controlled substance prescription
  drug under this section must occur at the location at which the drug
  was confiscated and be witnessed by another person 18 years of age
  or older.
         (d)  After disposing of the controlled substance
  prescription drug, the employee shall document in the patient's
  record:
               (1)  the name of the drug; 
               (2)  the dosage of the drug the patient was receiving;
               (3)  the route of controlled substance prescription
  drug administration;
               (4)  the quantity of the controlled substance
  prescription drug originally dispensed and the quantity of the drug
  remaining; and
               (5)  the time, date, and manner of disposal.
         (e)  An employee shall document in a patient's file if a
  family member of the patient prevented the confiscation and
  disposal of a controlled substance prescription drug as authorized
  under this section.
         SECTION 2.  This Act takes effect September 1, 2019.
 
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