Del. Admin. Code tit. 16, Department of Health and Social Services, Division of Health Care Quality, 3380, app A
The Department of Health and Social Services expects that each in-home hospice agency's policies and procedures will address each of the following:
A. Medication Disposal Following the Death of an In-Home Hospice Patient
1. Designation of hospice staff that will assist in the disposal of all unused prescription medications, regardless of the prescriber.
2. Definition of the timeframe in which the designated staff must:
a. Assist in the disposal of the unused prescription medications following the death on an in-home hospice patient; or
b. Contact the family member/designated primary care giver to arrange an appointment to assist in the disposal of the unused prescription medications if the in-home hospice patient was transferred to an inpatient hospice unit prior to the death; or
c. Dispose of the unused prescription medication in the presence of another designated hospice staff in the event that the in-home hospice patient does not have a family member or designated primary care giver.
3. Checking of the medication label to confirm that the medication belonged to the patient, prior to assisting in the disposal of the unused prescription medication.
4. Disposal of the unused prescription medications by at least one family member/designated primary care giver with the assistance of the designated hospice staff.
5. Disposal of the medications in accordance with the United States Food and Drug Administration guidelines which can be found at http://www.fda.gov.
6. Prohibition of removal by designated hospice staff of the unused prescription medications from the patient's residence.
7. Actions the designated hospice staff must take upon evidence of missing unused prescription medication(s).
8. Diversion/retention of the deceased patient's unused prescription medications could result in criminal offenses.
B. Education
1. Education of the family member/designated primary caregiver upon the in-home hospice patient's admission and death, as follows:
a. Provision of a copy of the written hospice policies and procedures on the disposal of all prescription medications following the death of an in-home hospice patient.
b. Discussion of the prescription medication disposal policy in a language and manner that they understand to ensure that these parties are educated regarding the following:
i. the hospice's policies and procedures for the safe disposal of all prescription medications following the death of an in-home hospice patient; and
ii. the diversion/retention of the deceased patient's unused prescription medications could result in criminal offenses.
2. Education of hospice staff regarding the hospice's prescription medication disposal policy at the following times:
a. prior to implementation of the policies and procedures;
b. prior to any policy and procedure revision; and
c. upon hire (if applicable).
C. Patient Record Documentation
1. Storage of patient records readily retrievable for 5 years after the patient's death.
2. Inclusion of the following in the patient's record:
a. Documentation that the hospice's policies and procedures regarding the safe disposal of all unused prescription medications were provided and discussed with the family member/designated primary care giver upon the patient's admission and in-home death.
b. Documentation of one of the following:
i. an inventory of all disposed prescription medications and the signature of the family member/designated primary care giver that witnessed the disposal; or
ii. family member/designated primary care giver refusal to dispose of prescription medications.
D. Personnel Education Documentation
1. Education regarding the hospice's prescription medication disposal policy must be documented at the following times:
a. prior to implementation of the policies and procedures;
b. prior to any policy and procedure revision; and
c. upon hire (if applicable).
Del. Admin. Code tit. 16, Department of Health and Social Services, Division of Health Care Quality, 3380, app A
18 DE Reg. 135(8/1/2014)
25 DE Reg. 781( 2/1/2022) (Final)