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To amend sections 3712.03, 3712.04, and 3712.99 and | 1 |
to enact section 3712.062 of the Revised Code to | 2 |
require hospice care programs to establish | 3 |
policies to prevent diversion of controlled | 4 |
substances that contain opioids. | 5 |
Section 1. That sections 3712.03, 3712.04, and 3712.99 be | 6 |
amended and section 3712.062 of the Revised Code be enacted to | 7 |
read as follows: | 8 |
Sec. 3712.03. (A) In accordance with Chapter 119. of the | 9 |
Revised Code, the director of health shall adopt, and may amend | 10 |
and rescind, rules: | 11 |
(1) Providing for the licensing of persons or public agencies | 12 |
providing hospice care programs within this state by the | 13 |
department of health and for the suspension and revocation of | 14 |
licenses; | 15 |
(2) Establishing a license fee and license renewal fee for | 16 |
hospice care programs, neither of which shall, except as provided | 17 |
in division (B) of this section, exceed six hundred dollars. The | 18 |
fees shall cover the three-year period during which an existing | 19 |
license is valid as provided in division (B) of section 3712.04 of | 20 |
the Revised Code. | 21 |
(3) Establishing an inspection fee for hospice care programs | 22 |
not to exceed, except as provided in division (B) of this section, | 23 |
one thousand seven hundred fifty dollars; | 24 |
(4) Establishing requirements for hospice care program | 25 |
facilities and services; | 26 |
(5) Establishing procedures a hospice care program must | 27 |
follow while investigating a sign of suspected diversion of | 28 |
controlled substances containing opioids pursuant to division | 29 |
(B)(5) of section 3712.062 of the Revised Code; | 30 |
(6) Establishing requirements for reporting to a local law | 31 |
enforcement agency pursuant to division (B)(6) of section 3712.062 | 32 |
of the Revised Code the results of an investigation of suspected | 33 |
diversion; | 34 |
(7) Providing for a waiver of the requirement for the | 35 |
provision of physical, occupational, or speech or language therapy | 36 |
contained in division (A)(2) of section 3712.01 of the Revised | 37 |
Code when the requirement would create a hardship because such | 38 |
therapy is not readily available in the geographic area served by | 39 |
the provider of a hospice care program; | 40 |
| 41 |
hospice care programs to persons and public agencies that are | 42 |
accredited or certified to provide such programs by an entity | 43 |
whose standards for accreditation or certification equal or exceed | 44 |
those provided for licensure under this chapter and rules adopted | 45 |
under it; | 46 |
| 47 |
adopted under this section. | 48 |
(B) Subject to the approval of the controlling board, the | 49 |
director may establish fees in excess of the maximum amounts | 50 |
specified in this section, provided that the fees do not exceed | 51 |
those amounts by greater than fifty per cent. | 52 |
(C) The department of health shall: | 53 |
(1) Grant, suspend, and revoke licenses for hospice care | 54 |
programs in accordance with this chapter and rules adopted under | 55 |
it; | 56 |
(2) Make such inspections as are necessary to determine | 57 |
whether hospice care program facilities and services meet the | 58 |
requirements of this chapter and rules adopted under it; and | 59 |
(3) Implement and enforce provisions of this chapter and | 60 |
rules adopted under it as such provisions apply to hospice care | 61 |
programs. | 62 |
Sec. 3712.04. (A) Every person or public agency that | 63 |
proposes to provide a hospice care program shall apply to the | 64 |
department of health for a license. Application shall be made on | 65 |
forms prescribed and provided by the department, shall include | 66 |
such information as the department requires, and shall be | 67 |
accompanied by the license fee established by rules of the | 68 |
director of health adopted under division (A) of section 3712.03 | 69 |
of the Revised Code. | 70 |
The department shall grant a license to the applicant if the | 71 |
applicant is in compliance with this chapter and rules adopted | 72 |
under it. | 73 |
(B) A license granted under this section shall be valid for | 74 |
three years. Application for renewal of a license shall be made at | 75 |
least ninety days before the expiration of the license in the same | 76 |
manner as for an initial license, except that, if the program | 77 |
provides hospice care and services in a hospice patient's home, | 78 |
the application for renewal shall include written evidence | 79 |
demonstrating that the applicant is in compliance with section | 80 |
3712.062 of the Revised Code. The department shall renew the | 81 |
license if the applicant meets the requirements of this chapter | 82 |
and rules adopted under it. | 83 |
(C) Subject to Chapter 119. of the Revised Code, the | 84 |
department may suspend or revoke a license if the licensee made | 85 |
any material misrepresentation in the application for the license | 86 |
or no longer meets the requirements of this chapter or rules | 87 |
adopted under it. | 88 |
(D) A hospital, nursing home, home for the aged, county | 89 |
medical care facility, or other health facility or agency that | 90 |
provides a hospice care program shall be licensed to provide a | 91 |
hospice care program under this section. | 92 |
(E) A nursing home licensed under Chapter 3721. of the | 93 |
Revised Code that does not hold itself out to be a hospice, does | 94 |
not hold itself out as providing a hospice care program, does not | 95 |
use the term hospice to describe or refer to its activities or | 96 |
facilities, and that does not provide all of the services | 97 |
enumerated in division (A) of section 3712.01 of the Revised Code | 98 |
is not subject to the licensing provisions of this chapter. | 99 |
Sec. 3712.062. (A) Each hospice care program licensed under | 100 |
this chapter that provides hospice care and services in a hospice | 101 |
patient's home shall establish a written policy establishing | 102 |
procedures to be followed in preventing the diversion of | 103 |
controlled substances containing opioids that are prescribed to | 104 |
its hospice patients. The policy shall include procedures for the | 105 |
disposal of any such drugs prescribed to a hospice patient as part | 106 |
of the patient's interdisciplinary plan of care that are | 107 |
relinquished to the program after the patient's death or that | 108 |
otherwise are no longer needed by the patient. The policy shall | 109 |
require that the disposal be documented by a program employee and | 110 |
conducted in any of the following ways: | 111 |
(1) Performed by a program employee and witnessed by the | 112 |
patient or patient's family member; | 113 |
(2) Performed by the patient or patient's family member and | 114 |
witnessed by a program employee; | 115 |
(3) Performed by a program employee and witnessed by another | 116 |
program employee. | 117 |
(B) As part of a hospice patient's interdisciplinary plan of | 118 |
care required by section 3712.06 of the Revised Code, each hospice | 119 |
care program that provides hospice care and services in the | 120 |
patient's home shall do all of the following: | 121 |
(1) Before providing hospice care and services, distribute a | 122 |
copy of the written policy established under division (A) of this | 123 |
section to the patient and patient's family and discuss the | 124 |
procedures included in the policy with the patient and patient's | 125 |
family; | 126 |
(2) Assess the patient, the patient's family, and the care | 127 |
environment for any risk factors associated with diversion; | 128 |
(3) Maintain records of controlled substances containing | 129 |
opioids prescribed to the patient and included in the patient's | 130 |
interdisciplinary plan of care, including accurate counts of the | 131 |
numbers dispensed and used; | 132 |
(4) Monitor the use and consumption of controlled substances | 133 |
containing opioids prescribed to the patient and included in the | 134 |
patient's interdisciplinary plan of care, including prescription | 135 |
refills, for signs of diversion; | 136 |
(5) Investigate any sign of suspected diversion in accordance | 137 |
with rules adopted under division (A)(5) of section 3712.03 of the | 138 |
Revised Code. | 139 |
(6) Report the results of an investigation of suspected | 140 |
diversion to the local law enforcement agency with jurisdiction | 141 |
over the territory in which the hospice patient's home is located | 142 |
in accordance with rules adopted under division (A)(6) of section | 143 |
3712.03 of the Revised Code; | 144 |
(7) Before providing hospice care and services, inform the | 145 |
patient and the patient's family that the hospice care program | 146 |
will dispose of any controlled substances containing opioids that | 147 |
are no longer needed by the patient and were included in the | 148 |
patient's interdisciplinary plan of care; | 149 |
(8) After the patient's death or when no longer needed by the | 150 |
patient, request, in writing, that the patient or patient's family | 151 |
relinquish to the program for disposal any remaining controlled | 152 |
substances containing opioids that were included in the patient's | 153 |
interdisciplinary plan of care to the program; | 154 |
(9) Report to the local law enforcement agency with | 155 |
jurisdiction over the territory in which the hospice patient's | 156 |
home is located the quantity and type of any remaining controlled | 157 |
substances containing opioids that were included in the patient's | 158 |
interdisciplinary plan of care and were not relinquished to the | 159 |
program by the patient or patient's family. | 160 |
(C) If a hospice care program complies with divisions (B)(8) | 161 |
and (9) of this section, none of the following shall be liable in | 162 |
damages to any person or government entity in a civil action for | 163 |
injury, death, or loss to person or property that allegedly arises | 164 |
from an action or omission relative to this section unless the | 165 |
action or omission constitutes willful or wanton misconduct: the | 166 |
program; a program employee, officer, or director; or a prescriber | 167 |
of controlled substances containing opioids that were included in | 168 |
the patient's interdisciplinary plan of care. | 169 |
(D) No person who receives a written request under division | 170 |
(B)(8) of this section shall fail to relinquish controlled | 171 |
substances containing opioids that were included in a patient's | 172 |
interdisciplinary plan of care. | 173 |
(E) Following a report from a hospice program under division | 174 |
(B)(9) of this section, the local law enforcement agency with | 175 |
jurisdiction over the territory in which the hospice patient's | 176 |
home is located shall investigate and dispose of the remaining | 177 |
controlled substances containing opioids that were reported to the | 178 |
agency pursuant to division (B)(9) of this section. | 179 |
(F) After a review of the written evidence submitted under | 180 |
division (B) of section 3712.04 of the Revised Code with an | 181 |
application for license renewal, if the department determines that | 182 |
the program is not in compliance with this section, the department | 183 |
may suspend the program's license for not more than six months and | 184 |
impose a fine not to exceed twenty thousand dollars. | 185 |
(G) Not later than one year after the effective date of this | 186 |
section, the director of health shall adopt rules in accordance | 187 |
with Chapter 119. of the Revised Code establishing standards and | 188 |
procedures for the submission and review of the written evidence | 189 |
required by division (B) of section 3712.04 of the Revised Code | 190 |
for renewal of a hospice care program license. | 191 |
Sec. 3712.99. (A) Any person who violates division (A) of | 192 |
section 3712.05 or division (A) of section 3712.051 of the Revised | 193 |
Code is guilty of a misdemeanor of the second degree on a first | 194 |
offense; on each subsequent offense the person is guilty of a | 195 |
misdemeanor of the first degree. | 196 |
(B) Any person who violates division (D) of section 3712.062 | 197 |
of the Revised Code is guilty of a minor misdemeanor. | 198 |
Section 2. That existing sections 3712.03, 3712.04, and | 199 |
3712.99 of the Revised Code are hereby repealed. | 200 |
Section 3. Not later than one year after the effective date | 201 |
of this act, each hospice care program that holds a license under | 202 |
Chapter 3712. of the Revised Code on the act's effective date and | 203 |
that provides hospice care and services in a hospice patient's | 204 |
home shall submit to the Department of Health written evidence | 205 |
demonstrating that the program is in compliance with section | 206 |
3712.062 of the Revised Code, as enacted by this act. After a | 207 |
review of the evidence submitted, if the Department determines | 208 |
that the program is not in compliance with that section, the | 209 |
Department may suspend the program's license for not more than six | 210 |
months and impose a fine not to exceed twenty thousand dollars. | 211 |