|SB 44 w/ SA 1||Signed||Sturgeon||This Act allows the Drug Overdose Fatality Review Commission ("Commission") to review all deaths related to a drug overdose, regardless of the type of drug implicated in the overdose death. This change will allow the Commission to obtain and review all medical records, including substance abuse and mental health records, when there is a death related to a drug overdose. This approach will allow the Commission to monitor the evolving nature of societal drug use over time and make recommendations that are proactive in reducing the harm from emerging trends.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.||AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DRUG OVERDOSE FATALITY REVIEW COMMISSION.|
|SB 45||Signed||Sturgeon||This Act creates a special license plate for members of the nonprofit organization, atTAcK addiction. This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.||AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.|
|SB 46||Signed||Lawson||This Act permits wedding venues and persons renting a premises for other social gatherings to allow customers to bring alcoholic beverages onto the premises, if licensed by the Commissioner as a bottle club.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.||AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.|
|SB 60 w/ SA 1||Signed||Lopez||This Act allows nurse practitioners and physician assistants to recommend medical marijuana for adult patients.
This Act does not require the Department of Health and Social Services to promulgate new regulations before implementing this Act because § 10113 of Title 29 exempts amendments to existing regulations to make them consistent with changes in basic law from the process otherwise required under Chapter 101 of Title 29.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.||AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MEDICAL MARIJUANA.|
|SB 67 w/ SA 1||Signed||Ennis||This Act removes the exclusive jurisdiction of the Superior Court for offenses under § 4836 of this Title on the basis of the voluntary and involuntary exclusion lists. This would allow the Court of Common Pleas to hold jurisdiction over these offenses as these are class A misdemeanor offenses.||AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO JURISDICTION OVER OFFENSES RELATING TO THE STATE GAMBLING EXCLUSION LISTS.|
|SB 68||Signed||Ennis||This Act expands eligibility for the Department of Correction's Education Assistance Fund beyond correctional officers to employees who hold a position at paygrade 15 or below and meet the other existing requirements.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including by creating a new Subchapter III of Chapter 89 of Title 29, because the Department of Correction's Education Assistance Fund is not related to the topic of Subchapter II.||AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO EMPLOYEES OF THE DEPARTMENT OF CORRECTION.|
|SB 76||Signed||Sturgeon||This Act authorizes the distribution of testing strips to determine the presence of fentanyl or fentanyl-related substances. Fentanyl testing strips could be distributed to the community along with opioid overdose reversal medication as a harm reduction strategy in the opioid addiction crisis. A number of states have authorized fentanyl testing strips distribution in recent years including Maryland, Rhode Island, the District of Columbia, and North Carolina. Twenty-seven states currently provide fentanyl testing strips through needle exchange programs.
According to an April 2019 Delaware Health Alert published by the Department of Health and Social Services, fentanyl is a potent opioid that is increasingly being mixed into illicitly sold drugs, often without the buyer’s knowledge. In Delaware, fentanyl was involved in 72% of overdose deaths during 2018, up from 58% in 2017 according to the state’s Division of Forensic Science. During 2018, there were more fatal overdoses than any year on record with 400 deaths.
This Act exempts fentanyl testing strips from the drug paraphernalia statute. This Act provides the limitations on liability for lay individuals and organizations in Section 1 of this Act because of the extraordinary epidemic of death that is occurring in Delaware as a result of fentanyl being mixed into illicit drugs. It is similar to liability exemptions under § 8135(b) of Title 10 and § 6801 of Title 16 of the Delaware Code for certain types of volunteers and Good Samaritans and is an exception to the general public policy against civil immunity.
||AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO FENTANYL TESTING STRIPS.|
|SA 1 to SB 44||Passed||Sturgeon||This Amendment removes the word "all" from the current law. Currently, the Drug Overdose Fatality Review Commission ("Commission") uses a sampling method since there are so many overdose deaths to review each year. The removal of "all" allows the Commission to review every death if resources allow, but also reflects the current process that reviews a sample of the deaths. || |
|SA 1 to SB 67||Passed||Ennis||This amendment limits the removal of the exclusive jurisdiction of the Superior Court to offenses under § 4836 to (a) and (b) only. || |
|SB 84||Signed||Sturgeon||This Act elevates medication diversion out of the definition of abuse for the sake of clarity and is not intended to change existing reporting obligations for facilities under Subchapter III of Chapter 11 of Title 16 of the Delaware Code (“Subchapter III”). This Act ensures reporting requirements are triggered for facilities and hospitals covered by Subchapter III if medication diversion occurs in the facilities or hospitals. Reporting is essential to the Department of Justice’s ability to prosecute and recommend treatment, when appropriate, for the person committing medication diversion. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including standardizing the order of words in the phrase “abuse, neglect, mistreatment, financial exploitation, or medication diversion” to ensure consistency.
Medication diversion poses a threat to patient and resident safety in long-term care facilities, psychiatric facilities, nursing facilities, and hospitals. Risks include patients and residents receiving inadequate pain relief, exposure to infectious diseases from contaminated needles and drugs, and potentially unsafe care. The Drug Enforcement Administration recognizes 5 classes of drugs that are frequently abused: opioids, depressants, hallucinogens, stimulants, and anabolic steroids. Opioid abuse is the major cause of medication diversion. Medication diversion is commonly underreported. The sooner medication diversion is reported, the sooner interventions can be made to protect the health and safety of a patient or resident and to provide drug treatment or other help to a healthcare worker.||AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO ABUSE, NEGLECT, MISTREATMENT, FINANCIAL EXPLOITATION, OR MEDICATION DIVERSION OF RESIDENTS OR PATIENTS.|
|HCR 15||Passed||Griffith||This House Concurrent Resolution designates the 21st day of the Month of March, 2021 as “Rock Your Socks for World Down Syndrome Day” and celebrates the beauty and contributions that people with Down syndrome make in Delaware.||RECOGNIZING MARCH 21, 2021 "ROCK YOUR SOCKS FOR WORLD DOWN SYNDROME DAY."|
|SA 1 to SB 60||Passed||Lopez||This Amendment does all of the following:
1. Corrects the title of advanced practice registered nurses.
2. Adds pediatric psychiatrists and developmental pediatricians to the list of specialists authorized to recommend medical marijuana for pediatric patients, which is consistent with current Department of Health and Social Services regulations.|| |