Texas Health and Safety Code 142.044 – Authorized Disposal
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(a) If the license holder has complied with § 142.042(b) with respect to a patient, a health care professional employee who has completed the training under § 142.043(b) may confiscate and dispose of a patient’s controlled substance prescription drug if:
(1) the patient has died;
(2) the drug has expired; or
(3) the patient’s physician has given written instructions that the patient should no longer use the drug.
(b) The employee confiscating the controlled substance prescription drug shall dispose of the drug in a manner consistent with recommendations of the United States Food and Drug Administration and the laws of this state.
Terms Used In Texas Health and Safety Code 142.044
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The disposal of a controlled substance prescription drug under this section must occur at the location at which the drug was confiscated and be witnessed by another person 18 years of age or older.
(d) After disposing of the controlled substance prescription drug, the employee shall document in the patient’s record:
(1) the name of the drug;
(2) the dosage of the drug the patient was receiving;
(3) the route of controlled substance prescription drug administration;
(4) the quantity of the controlled substance prescription drug originally dispensed and the quantity of the drug remaining; and
(5) the time, date, and manner of disposal.
(e) An employee shall document in a patient’s file if a family member of the patient prevented the confiscation and disposal of a controlled substance prescription drug as authorized under this section.