; or (II) the controlled substance is expired. (iii) (I) For purposes of clause (i), if a State has in place requirements to allow an employee of a hospice program, acting within the scope of employment and for the purpose of assisting in the disposal of a controlled substance in a case described in clause (ii), to handle, in the place of residence of a hospice patient, any controlled substance that was lawfully dispensed to the hospice patient, and the Attorney General determines that those requirements provide safeguards equivalent to the safeguards provided under subparagraph (C)(vi), the employee of the hospice program shall not be required to be an employee of a qualified hospice program. (II) If the Attorney General determines that the requirements of a State described in subclause (I) do not provide safeguards equivalent to the safeguards provided under subparagraph (C)(vi), the State may file a petition for judicial review of the determination with an appropriate district court of the United States. (B) The Attorney General, in consultation with the Secretary, may promulgate regulations to authorize an employee of a hospice program, acting within the scope of employment and for the purpose of assisting in the disposal of a controlled substance, to handle, in the place of residence of a hospice patient, any controlled substance that was lawfully dispensed to the hospice patient if— (i) with respect to the controlled substance, the plan of care of the hospice patient has been modified; and (ii) pursuant to the modification of the plan of care, the hospice patient no longer requires the controlled substance. (C) In this paragraph— (i) the term emergency medical services professional has the meaning given the term in section 303; (ii) the term employee of a hospice program — (I) means a person who is— (aa) employed by, or pursuant to arrangements made by, a hospice program; and (bb) licensed or certified to perform such employment in accordance with applicable State law; and (II) includes— (aa) a physician