Not legal advice. These are short, plain summaries with links to the original text. Read the source, and ask your own counsel before you act.
Resources
Medicare hospice rule
42 CFR 418.106(e)(2)(i). A hospice must have written policies and procedures for managing and disposing of controlled drugs in the patient’s home. When controlled drugs are first ordered, the hospice must give a copy to the patient or representative and the family, discuss it with them, and document in the clinical record that it was provided and discussed.
Federal law, 2018
SUPPORT Act, section 3222, now 21 U.S.C. 822(g)(5). An employee of a qualified hospice program may dispose of a patient’s controlled substances onsite, without DEA registration, after the patient’s death or when the drug expires, following all applicable federal, state, tribal, and local law. The hospice documents in the clinical record what was disposed: the substance, dosage, route, and quantity, and the time, date, and manner. State and local law can add limits.
Federal review, 2020
A U.S. Government Accountability Office report: Preventing Drug Diversion: Disposal of Controlled Substances in Home Hospice Settings.
Illinois
Who may dispose, witness rules, and permitted methods vary by state. An Illinois summary is being researched. It will be added here after review.