Delaware General Assembly

Signed 8/6/13

The General Assembly has ended, the current status is the final status.

5/2/13

Bushweller

Reps. Mitchell, Walker

Sen. Ennis, Henry
Reps. Bolden, Heffernan, Jaques, Dukes

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE REGULATION OF THE MANUFACTURE, DISTRIBUTION AND DISPENSING OF CONTROLLED SUBSTANCES, AND THE DELAWARE PRESCRIPTION MONITORING PROGRAM.

Section 1 creates the Controlled Substance Advisory Committee, a designee/recommending body that previously existed only in regulation; makes numerous grammatical corrections; makes uniform the language pertaining to the Secretary’s duty to the public interest; codifies requirements applicants must meet before they are issued a controlled substance registration; adds discipline of one’s professional license as a basis to have a controlled substance registration denied or disciplined; limits the Secretary’s power to issue a rule to show cause order to those instances in which a registrant no longer meets the requirements for registration or has failed to complete mandatory continued education; increases the Secretary’s power to fine from $500 to $1,000 per offense; clarifies that all hearings contemplated by this Subchapter are governed by the APA; and revamps the Secretary’s power to temporarily suspend a controlled substance registration to create a process akin to that used by the Board of Medical Licensure & Discipline. Section 2 corrects § 4798 (b)(9)(c) by deleting the word “prescribes” and replacing it with “dispenses”. Section 2 of this bill also creates a new requirement that dispensers check the patient utilization report for the past 12 months of any patient that the dispenser has a reasonable belief may be seeking controlled substances for any non-medical reason. This provision was inadvertently omitted from the initial bill creating the Prescription Monitoring Program. Section 2 of this bill authorizes licensed chemical dependency professionals and licensed professional counselors of mental health to access the Prescription Monitoring Program when a patient is enrolled in a substance abuse treatment program, and for the Chief Medical Examiner or a licensed physician designee for the purpose of investigating a person’s death. Finally, the bill authorizes the exchange of prescription information submitted to the PMP through an interstate commission with an authorized member state.

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