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| An Act providing for the disposal of hospice or home health care patient medication. | Senator BAKER |
Status: Referred to HEALTH, Jan. 25, 2018 [House]
All Versions: Introduced
Pennsylvania Legislation provided by Legicrawler © 2015
PRINTER'S NO. 1367
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY BAKER, FONTANA, ARGALL, YAW, RAFFERTY, GORDNER,
YUDICHAK, RESCHENTHALER, AUMENT, KILLION, VULAKOVICH, VOGEL,
WARD, STEFANO AND SCARNATI, DECEMBER 6, 2017
REFERRED TO HEALTH AND HUMAN SERVICES, DECEMBER 6, 2017
Providing for the disposal of hospice or home health care
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Hospice and
Home Health Prescription Medication Disposal Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Caregiver." An adult individual who regularly provides
personal care to the patient, whether paid or unpaid, or
regularly resides in the patient's home. This individual shall
not be an employee of the home health agency or hospice that is
disposing of the patient's prescription medication.
"Family member." A patient's spouse, parent, adult sibling,
adult child or adult grandchild.
"Health care representative." A person who is authorized by
law or court order to make health care decisions on behalf of a
"Patient." An individual who is currently receiving care
from a home health agency or hospice licensed under the act of
July 19, 1979 (P.L.130, No.48), known as the Health Care
Section 3. Disposal of unused prescription medication.
(a) Authorization.--A home health agency or hospice is
authorized, upon the death or discharge of a patient and with
the permission of the patient or the patient's family member,
caregiver or health care representative, to accept for disposal
a patient's unused prescription medications that were
prescribed, dispensed or otherwise used by the patient while
under the care of the home health agency or hospice.
(b) Prescription medication disposal policy.--A home health
agency or hospice shall:
(1) Establish a written policy setting forth procedures
for accepting and disposing of unused prescription
(2) At the time of admission:
(i) furnish a copy of the written policy to each
patient or the patient's health care representative; and
(ii) designate an employee representative who shall
discuss the procedures and requirements for surrendering
unused prescription medications with the patient or the
patient's health care representative.
(c) Surrender of prescription medication.--Unused
prescription medications surrendered to a home health agency or
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hospice under this section shall be surrendered to a nurse
employed by the agency.
(d) Disposal of prescription medication.--A nurse accepting
the unused prescription medication under this section shall
dispose of the medication in the presence of a witness at the
site where care is provided. The nurse may not transport the
unused prescription medications off-site for disposal or for any
(e) Timing of disposal.--The disposal of a patient's
medication shall take place:
(1) during the final in-home visit by the nurse; or
(2) within five business days of the death or discharge
of the patient, whichever occurs first.
(f) Documentation.--The following shall apply:
(1) A nurse who accepts and disposes of an unused
prescription medication under this section shall document all
of the following:
(i) The name and quantity of each medication
(ii) The name of the person authorizing the
surrender and the relationship of the person to the
(iii) The date and method of disposal.
(iv) The name of the person witnessing the disposal.
(2) The person authorizing the surrender of medication
shall be provided with the opportunity to review, verify and
sign the documentation required under this subsection.
(g) Records.--A home health agency or hospice shall maintain
for a period of five years a record of the documentation
required under subsection (f).
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Section 4. Effective date.
This act shall take effect in 60 days.
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