H.B. No. 2594
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2594 was passed by the House on April
11, 2019, by the following vote: Yeas 144, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2594 was passed by the Senate on May
20, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor