|
|
To amend sections 3712.04 and 3712.99 and to enact | 1 |
section 3712.062 of the Revised Code to require | 2 |
hospice care programs to establish policies to | 3 |
prevent diversion of controlled substances that | 4 |
contain opioids. | 5 |
Section 1. That sections 3712.04 and 3712.99 be amended and | 6 |
section 3712.062 of the Revised Code be enacted to read as | 7 |
follows: | 8 |
Sec. 3712.04. (A) Every person or public agency that | 9 |
proposes to provide a hospice care program shall apply to the | 10 |
department of health for a license. Application shall be made on | 11 |
forms prescribed and provided by the department, shall include | 12 |
such information as the department requires, and shall be | 13 |
accompanied by the license fee established by rules of the | 14 |
director of health adopted under division (A) of section 3712.03 | 15 |
of the Revised Code. | 16 |
The department shall grant a license to the applicant if the | 17 |
applicant is in compliance with this chapter and rules adopted | 18 |
under it. | 19 |
(B) A license granted under this section shall be valid for | 20 |
three years. Application for renewal of a license shall be made at | 21 |
least ninety days before the expiration of the license in the same | 22 |
manner as for an initial license, except that, if the program | 23 |
provides hospice care and services in a hospice patient's home, | 24 |
the application for renewal shall include written evidence | 25 |
demonstrating that the applicant is in compliance with section | 26 |
3712.062 of the Revised Code. The department shall renew the | 27 |
license if the applicant meets the requirements of this chapter | 28 |
and rules adopted under it. | 29 |
(C) Subject to Chapter 119. of the Revised Code, the | 30 |
department may suspend or revoke a license if the licensee made | 31 |
any material misrepresentation in the application for the license | 32 |
or no longer meets the requirements of this chapter or rules | 33 |
adopted under it. | 34 |
(D) A hospital, nursing home, home for the aged, county | 35 |
medical care facility, or other health facility or agency that | 36 |
provides a hospice care program shall be licensed to provide a | 37 |
hospice care program under this section. | 38 |
(E) A nursing home licensed under Chapter 3721. of the | 39 |
Revised Code that does not hold itself out to be a hospice, does | 40 |
not hold itself out as providing a hospice care program, does not | 41 |
use the term hospice to describe or refer to its activities or | 42 |
facilities, and that does not provide all of the services | 43 |
enumerated in division (A) of section 3712.01 of the Revised Code | 44 |
is not subject to the licensing provisions of this chapter. | 45 |
Sec. 3712.062. (A) Each hospice care program licensed under | 46 |
this chapter that provides hospice care and services in a hospice | 47 |
patient's home shall establish a written policy establishing | 48 |
procedures to be followed in preventing the diversion of | 49 |
controlled substances containing opioids that are prescribed to | 50 |
its hospice patients. The policy shall include procedures for the | 51 |
disposal of any such drugs prescribed to a hospice patient as part | 52 |
of the patient's interdisciplinary plan of care that are | 53 |
relinquished to the program after the patient's death or that | 54 |
otherwise are no longer needed by the patient. The policy shall | 55 |
require that the disposal be documented by a program employee and | 56 |
conducted in any of the following ways: | 57 |
(1) Performed by a program employee and witnessed by the | 58 |
patient or patient's family member; | 59 |
(2) Performed by the patient or patient's family member and | 60 |
witnessed by a program employee; | 61 |
(3) Performed by a program employee and witnessed by another | 62 |
program employee. | 63 |
(B) As part of a hospice patient's interdisciplinary plan of | 64 |
care required by section 3712.06 of the Revised Code, each hospice | 65 |
care program that provides hospice care and services in the | 66 |
patient's home shall do all of the following: | 67 |
(1) Before providing hospice care and services, distribute a | 68 |
copy of the written policy established under division (A) of this | 69 |
section to the patient and patient's family and discuss the | 70 |
procedures included in the policy with the patient and patient's | 71 |
family; | 72 |
(2) Assess the patient, the patient's family, and the care | 73 |
environment for any risk factors associated with diversion; | 74 |
(3) Maintain records of controlled substances containing | 75 |
opioids prescribed to the patient and included in the patient's | 76 |
interdisciplinary plan of care, including accurate counts of the | 77 |
numbers dispensed and used; | 78 |
(4) Monitor the use and consumption of controlled substances | 79 |
containing opioids prescribed to the patient and included in the | 80 |
patient's interdisciplinary plan of care, including prescription | 81 |
refills, for signs of diversion; | 82 |
(5) Report any sign of suspected diversion to a local law | 83 |
enforcement agency; | 84 |
(6) Before providing hospice care and services, inform the | 85 |
patient and the patient's family that the hospice care program | 86 |
will dispose of any controlled substances containing opioids that | 87 |
are no longer needed by the patient and were included in the | 88 |
patient's interdisciplinary plan of care; | 89 |
(7) After the patient's death or when no longer needed by the | 90 |
patient, request, in writing, that the patient or patient's family | 91 |
relinquish to the program for disposal any remaining controlled | 92 |
substances containing opioids that were included in the patient's | 93 |
interdisciplinary plan of care to the program; | 94 |
(8) Report to a local law enforcement agency the quantity and | 95 |
type of any remaining controlled substances containing opioids | 96 |
that were included in the patient's interdisciplinary plan of care | 97 |
and were not relinquished to the program by the patient or | 98 |
patient's family. | 99 |
(C) If a hospice care program complies with divisions (B)(7) | 100 |
and (8) of this section, neither the program nor its employees, | 101 |
officers, or directors shall be liable in damages to any person or | 102 |
government entity in a civil action for injury, death, or loss to | 103 |
person or property that allegedly arises from an action or | 104 |
omission of the program or an employee relative to this section | 105 |
unless the action or omission constitutes willful or wanton | 106 |
misconduct. | 107 |
(D) No person who receives a written request under division | 108 |
(B)(7) of this section shall fail to relinquish controlled | 109 |
substances containing opioids that were included in a patient's | 110 |
interdisciplinary plan of care. | 111 |
(E) Immediately following a report from a hospice program | 112 |
under division (B)(8) of this section, the local law enforcement | 113 |
agency shall investigate and dispose of the remaining controlled | 114 |
substances containing opioids that were reported to the agency | 115 |
pursuant to division (B)(8) of this section. | 116 |
(F) After a review of the written evidence submitted under | 117 |
division (B) of section 3701.04 of the Revised Code with an | 118 |
application for license renewal, if the department determines that | 119 |
the program is not in compliance with this section, the department | 120 |
may suspend the program's license for not more than six months and | 121 |
impose a fine not to exceed twenty thousand dollars. | 122 |
(G) Not later than one year after the effective date of this | 123 |
section, the director of health shall adopt rules in accordance | 124 |
with Chapter 119. of the Revised Code establishing standards and | 125 |
procedures for the submission and review of the written evidence | 126 |
required by division (B) of section 3701.04 of the Revised Code | 127 |
for renewal of a hospice care program license. | 128 |
Sec. 3712.99. (A) Any person who violates division (A) of | 129 |
section 3712.05 or division (A) of section 3712.051 of the Revised | 130 |
Code is guilty of a misdemeanor of the second degree on a first | 131 |
offense; on each subsequent offense the person is guilty of a | 132 |
misdemeanor of the first degree. | 133 |
(B) Any person who violates division (D) of section 3712.062 | 134 |
of the Revised Code is guilty of a minor misdemeanor. | 135 |
Section 2. That existing sections 3712.04 and 3712.99 of the | 136 |
Revised Code are hereby repealed. | 137 |
Section 3. Not later than one year after the effective date | 138 |
of this act, each hospice care program that holds a license under | 139 |
Chapter 3712. of the Revised Code on the act's effective date and | 140 |
that provides hospice care and services in a hospice patient's | 141 |
home shall submit to the Department of Health written evidence | 142 |
demonstrating that the program is in compliance with section | 143 |
3712.062 of the Revised Code, as enacted by this act. After a | 144 |
review of the evidence submitted, if the Department determines | 145 |
that the program is not in compliance with that section, the | 146 |
Department may suspend the program's license for not more than six | 147 |
months and impose a fine not to exceed twenty thousand dollars. | 148 |