,,ii #aaeth ,,congress #b;d ,session ,s4 #bfei ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ab1 #bjah,ms4 ,collins 7for herself1 ,ms4 ,hassan1 ,mrs4 ,capito1 ,ms4 ,baldwin1 and ,ms4 ,warren7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,controlled ,substances ,act to authorize employees of hospice programs to handle controlled substances in the residences of certain hospice patients to assist in disposal of those controlled substances4 #a4 ,short title ,this ,act may be cited as the ,safe ,disposal of ,unused ,medication ,act4 #b4 ,disposal of controlled substances of certain hospice patients by employees of qualified hospice programs 7a7 ,in general ,section #cjb7;g7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hbb7;g77 is amended by adding at the end the following3 7#e7 7,a7 7i7 ,an employee of a qualified hospice program or an emergency medical services professional1 acting within the scope of employment and for the purpose of assisting in the disposal of a controlled substance in a case described in clause 7ii71 may handle1 in the place of residence of a hospice patient1 any controlled substance that was lawfully dispensed to the hospice patient4 7ii7 ,a case described in this clause is a case in which-- 7,i7 the hospice patient has died2 or 7,,ii7 the controlled substance is expired4 7iii7 7,i7 ,for purposes of clause 7i71 if a ,state has in place requirements to allow an employee of a hospice program1 acting within the scope of employment and for the purpose of assisting in the disposal of a controlled substance in a case described in clause 7ii71 to handle1 in the place of residence of a hospice patient1 any controlled substance that was lawfully dispensed to the hospice patient1 and the ,attorney ,general determines that those requirements provide safeguards equivalent to the safeguards provided under subparagraph 7,c77vi71 the employee of the hospice program shall not be required to be an employee of a qualified hospice program4 7,,ii7 ,if the ,attorney ,general determines that the requirements of a ,state described in subclause 7,i7 do not provide safeguards equivalent to the safeguards provided under subparagraph 7,c77vi71 the ,state may file a petition for judicial review of the determination with an appropriate district court of the ,united ,states4 7,b7 ,the ,attorney ,general1 in consultation with the ,secretary1 may promulgate regulations to authorize an employee of a hospice program1 acting within the scope of employment and for the purpose of assisting in the disposal of a controlled substance1 to handle1 in the place of residence of a hospice patient1 any controlled substance that was lawfully dispensed to the hospice patient if-- 7i7 with respect to the controlled substance1 the plan of care of the hospice patient has been modified2 and 7ii7 pursuant to the modification of the plan of care1 the hospice patient no longer requires the controlled substance4 7,c7 ,in this paragraph-- 7i7 the term emergency medical services professional has the meaning given the term in section #cjc2 7ii7 the term employee of a hospice program-- 7,i7 means a person who is-- 7aa7 employed by1 or pursuant to arrangements made by1 a hospice program2 and 7bb7 licensed or certified to perform such employment in accordance with applicable ,state law2 and 7,,ii7 includes-- 7aa7 a physician2 and 7bb7 a registered nurse2 7iii7 the term employee of a qualified hospice program-- 7,i7 means a person who is-- 7aa7 employed by1 or pursuant to arrangements made by1 a qualified hospice program2 and 7bb7 licensed or certified to perform such employment in accordance with applicable ,state law2 and 7,,ii7 includes-- 7aa7 a physician2 and 7bb7 a registered nurse2 7iv7 the terms hospice care and hospice program have the meanings given those terms in section #ahfa7;dd7 of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex7dd772 7v7 the term hospice patient means an individual receiving hospice care2 and 7vi7 the term qualified hospice program means a hospice program that-- 7,i7 has written policies and procedures for assisting in the disposal of a controlled substance of a hospice patient in each of the cases described in subparagraph 7,a77ii72 7,,ii7 at the time when the controlled substance of a hospice patient is first ordered-- 7aa7 provides a copy of the written policies and procedures described in subclause 7,i7 to the hospice patient1 or the representative of the hospice patient1 and the family of the hospice patient2 and 7bb7 discusses the policies and procedures described in subclause 7,i7 with the hospice patient1 or the representative of the hospice patient1 and the family of the hospice patient in a language and manner that those individuals understand to ensure that those individuals are educated regarding the safe disposal of controlled substances2 7,,iii7 documents in the clinical record of the hospice patient that the written policies and procedures described in subclause 7,i7 were provided and discussed2 and 7,,iv7 at the time when an employee of the hospice program disposes of a controlled substance of a hospice patient in a case described in subparagraph 7,a77ii71 documents the disposal in the clinical record of the hospice patient4 4 7b7 ,no registration required ,section #cjb7;c7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hbb7;c77 is amended by adding at the end the following3 7#d7 ,an employee of a qualified hospice program or an emergency medical services professional1 as those terms are defined in subsection 7g77#e71 who possesses the controlled substance for the purpose of assisting in the disposal of the controlled substance in accordance with subparagraph 7,a7 of that subsection4 7#e7 ,an employee of a hospice program1 as defined in subsection 7g77#e71 who possesses the controlled substance for the purpose of assisting in the disposal of the controlled substance in accordance with a regulation issued under subparagraph 7,b7 of that subsection4 4