§ 40:2191 — Disposal of deceased patient's unused controlled substances

Louisiana § 40:2191

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§2191. Disposal of deceased patient's unused controlled substances
A. Upon death of a patient receiving hospice services, ownership of the patient's
unused Schedule II, III, IV, or V controlled substances under 21 CFR 1308 may transfer to
the hospice for immediate disposal pursuant to the following provisions:
(1) Each hospice shall establish a written procedure to ensure safe disposal of unused
controlled substances by a hospice nurse at the time of a patient's death.
(2) Upon the death of a patient receiving hospice services, in the presence of a
witness, the hospice nurse shall record in the medical record the name and quantity of each
unused controlled substance.
(3)(a) The hospice nurse shall conduct immediate disposal of the controlled
substance at the site of care by complying with the Environmental Protection Agency and
Drug Enforcement Administration guidelines for safe disposal or immediate mail-back to a
registered authorized collector pursuant to 21 CFR 1317.40.
(b) If conducting immediate disposal at the site of care, the hospice nurse shall
perform the disposal in the presence of a witness, who shall sign a document indicating their
witnessing the disposal.
(c) If participating in immediate mail-back to a registered authorized collector, the
hospice nurse shall deposit the unused controlled substance into the mail-back envelope and
seal the envelope at the site of care. This shall be done in the presence of a witness, who shall
sign a document indicating their witnessing the hospice nurse sealing the controlled
substance in the mail-back envelope. The hospice nurse shall immediately initiate its delivery
to the registered authorized collector.
(4) Hospice employees shall not remove any controlled substances from the site of
care, except for the hospice nurse responsible for disposal pursuant to Subparagraph (3)(c)
of this Subsection.
(5) The hospice nurse shall record the method of disposal in the medical record.
B. A copy of the written policy established pursuant to this Section shall be furnished
to each patient and to the patient's healthcare representative at the time the patient is enrolled
in hospice.

Legislative History

Acts 2018, No. 23, §1.