Florida Senate - 2018                                    SB 1176
       By Senator Stewart
       13-00591-18                                           20181176__
    1                        A bill to be entitled                      
    2         An act relating to disposal of prescribed controlled
    3         substances by a hospice; amending s. 400.6096, F.S.;
    4         removing the requirement that a hospice physician,
    5         nurse, or social worker obtain the permission of a
    6         family member or a caregiver of the deceased patient
    7         to assist in the disposal of an unused controlled
    8         substance prescribed to the patient; providing an
    9         effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Section 400.6096, Florida Statutes, is amended
   14  to read:
   15         400.6096 Disposal of prescribed controlled substances
   16  following the death of a patient in the home.—
   17         (1) A hospice physician, nurse, or social worker is
   18  authorized to assist in the disposal of a controlled substance
   19  prescribed to a patient at the time of the patient’s death
   20  pursuant to the disposal regulations in 21 C.F.R. s. 1317.
   21         (2) A hospice that assists in the disposal of a prescribed
   22  controlled substance found in the patient’s home at the time of
   23  the patient’s death must establish a written policy, procedure,
   24  or system for acceptable disposal methods.
   25         (3) A hospice physician, nurse, or social worker, upon the
   26  patient’s death and with the permission of a family member or a
   27  caregiver of the patient, may assist in the disposal of an
   28  unused controlled substance prescribed to the patient, pursuant
   29  to the written policy, procedure, or system established under
   30  subsection (2).
   31         (4) The prescribed controlled substance disposal procedure
   32  must be carried out in the patient’s home. Hospice staff and
   33  volunteers are not authorized to remove a prescribed controlled
   34  substance from the patient’s home.
   35         Section 2. This act shall take effect July 1, 2018.