86R6272 LHC-D
By: Holland H.B. No. 2594
A BILL TO BE ENTITLED
AN ACT
relating to disposal of 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 PRESCRIPTIONS 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 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 prescription medications 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 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 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 drug under this section must occur at
the location at which the drug was confiscated and be witnessed by
another employee of the license holder.
(d) After disposing of the 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 drug administration;
(4) the quantity of the 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 prescription drug as authorized under this section.
SECTION 2. This Act takes effect September 1, 2019.