Bill Text: TX HB2594 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to disposal of controlled substance prescription drugs by hospice service providers.
Spectrum: Slight Partisan Bill (Republican 8-5)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB2594 Detail]
Download: Texas-2019-HB2594-Enrolled.html
| H.B. No. 2594 | ||
|
|
||
| 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 | ||
