KRS 216.2980: Hospice, palliative care, and end-of-life services providers to have policies

and procedures for deactivation or sequestration and disposal of controlled

substances upon death of patient or discontinuance of prescription -- Notice --

Written agreement -- Witness statement.

(1) Any provider of hospice, palliative care, or end -of-life services shall have written

policies and procedures for the deactivation or sequestration and disposal of

Schedule II, III, IV, or V controlled substances prescri bed to a patient when a

prescription is discontinued or upon the patient's death by the entity or person

pronouncing the death.

(2) Any provider of hospice, palliative care, or end -of-life services shall provide a copy

of the written policy and procedures for the management and the deactivation or

sequestration and disposal of Schedule II, III, IV, or V controlled substances

prescribed to a patient when a prescription is discontinued or upon the patient's

death, to the patient or the patient's legal represe ntative, and the provider shall

discuss the policy and procedures with the patient or the patient's legal

representative. The patient or the patient's legal representative shall be requested to

sign an agreement to this policy.

(3) In an effort to reduce i llegal diversion of Schedule II, III, IV, or V controlled

substances, the agreement to the written policy and procedures required under

subsection (2) of this section shall inform the patient or the patient's legal

representative that if the patient or the patient's legal representative refuses to agree

to the deactivation or sequestration and disposal when a prescription is discontinued

or upon the death of the patient, local law enforcement shall be notified of the

refusal by the hospice, palliative care, or end-of-life services provider or the entity

or person pronouncing death.

(4) The deactivation or sequestration and disposal of Schedule II, III, IV, or V

controlled substances prescribed to a patient when a prescription is discontinued or

upon the pati ent's death shall be completed by the entity or person pronouncing

death and witnessed by an adult. The witness shall sign a statement that he or she

witnessed the deactivation or sequestration and disposal.

(5) The deactivation or sequestration and dispos al methods of Schedule II, III, IV, or V

controlled substances used by the entity or person pronouncing death shall comply

with the United States Food and Drug Administration's recommendations for the

safe disposal of unused medicines or shall be another s afe deactivation or

sequestration and disposal method.