Bill Text: TX HB2594 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
86R6272 LHC-D | ||
By: Holland | H.B. No. 2594 |
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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. |