Texas 2019 - 86th Regular

Texas House Bill HB2594 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2594
	1	+	By: Holland, et al. (Senate Sponsor - Paxton) H.B. No. 2594
	2	+	(In the Senate - Received from the House April 11, 2019;
	3	+	April 15, 2019, read first time and referred to Committee on Health &
	4	+	Human Services; May 17, 2019, reported favorably by the following
	5	+	vote: Yeas 9, Nays 0; May 17, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to disposal of controlled substance prescription drugs by
6	12		hospice service providers.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Chapter 142, Health and Safety Code, is amended
9	15		by adding Subchapter C to read as follows:
10	16		SUBCHAPTER C. DISPOSAL OF CONTROLLED SUBSTANCE PRESCRIPTION DRUGS
11	17		BY HOSPICE SERVICE PROVIDER
12	18		Sec. 142.041. DEFINITION. In this subchapter, "license
13	19		holder" means a home and community support services agency licensed
14	20		under this chapter to provide hospice services.
15	21		Sec. 142.042. POLICY. (a) A license holder may adopt
16	22		written policies and procedures related to the disposal of a
17	23		patient's unused controlled substance prescription drugs on the
18	24		patient's death or in other circumstances in which disposal is
19	25		appropriate.
20	26		(b) A license holder that adopts policies and procedures
21	27		under this section shall:
22	28		(1) provide a copy of the policies and procedures to
23	29		the patient and the patient's family;
24	30		(2) discuss the policies and procedures with the
25	31		patient and the patient's family in a language and manner the
26	32		patient and patient's family understand; and
27	33		(3) document in the patient's clinical record that the
28	34		policies and procedures were provided and discussed under
29	35		Subdivisions (1) and (2).
30	36		Sec. 142.043. EMPLOYEE TRAINING. (a) This section applies
31	37		to an employee of a license holder who is a health care professional
32	38		licensed under Title 3, Occupations Code.
33	39		(b) A license holder may provide training to the employees
34	40		described by Subsection (a) regarding the secure and responsible
35	41		disposal of controlled substance prescription drugs in a manner
36	42		that discourages abuse, misuse, or diversion.
37	43		Sec. 142.044. AUTHORIZED DISPOSAL. (a) If the license
38	44		holder has complied with Section 142.042(b) with respect to a
39	45		patient, a health care professional employee who has completed the
40	46		training under Section 142.043(b) may confiscate and dispose of a
41	47		patient's controlled substance prescription drug if:
42	48		(1) the patient has died;
43	49		(2) the drug has expired; or
44	50		(3) the patient's physician has given written
45	51		instructions that the patient should no longer use the drug.
46	52		(b) The employee confiscating the controlled substance
47	53		prescription drug shall dispose of the drug in a manner consistent
48	54		with recommendations of the United States Food and Drug
49	55		Administration and the laws of this state.
50	56		(c) The disposal of a controlled substance prescription
51	57		drug under this section must occur at the location at which the drug
52	58		was confiscated and be witnessed by another person 18 years of age
53	59		or older.
54	60		(d) After disposing of the controlled substance
55	61		prescription drug, the employee shall document in the patient's
56	62		record:
57	63		(1) the name of the drug;
58	64		(2) the dosage of the drug the patient was receiving;
59	65		(3) the route of controlled substance prescription
60	66		drug administration;
61	67		(4) the quantity of the controlled substance
62	68		prescription drug originally dispensed and the quantity of the drug
63	69		remaining; and
64	70		(5) the time, date, and manner of disposal.
65	71		(e) An employee shall document in a patient's file if a
66	72		family member of the patient prevented the confiscation and
67	73		disposal of a controlled substance prescription drug as authorized
68	74		under this section.
69	75		SECTION 2. This Act takes effect September 1, 2019.
70		-	______________________________ ______________________________
71		-	President of the Senate Speaker of the House
72		-	I certify that H.B. No. 2594 was passed by the House on April
73		-	11, 2019, by the following vote: Yeas 144, Nays 0, 2 present, not
74		-	voting.
75		-	______________________________
76		-	Chief Clerk of the House
77		-	I certify that H.B. No. 2594 was passed by the Senate on May
78		-	20, 2019, by the following vote: Yeas 31, Nays 0.
79		-	______________________________
80		-	Secretary of the Senate
81		-	APPROVED: _____________________
82		-	Date
83		-	_____________________
84		-	Governor
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