DELAWARE STATE SENATE

152nd GENERAL ASSEMBLY

SENATE BILL NO. 331

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE UNIFORM CONTROLLED SUBSTANCES ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 4732(a), Title 16 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:

§ 4732. Registration requirements; exemptions; inspections.

(a) Any pharmacy, distributor, manufacturer, practitioner, including a practitioner who holds a practice privilege, interstate compact license, an interstate telehealth registration, or a military registration, researcher or other controlled substance registrant who has or proposes to engage in activities accordingly within this State must obtain biennially a registration issued by the Secretary in accordance with the Secretary’s rules.

Section 2. Amend § 4733(a), Title 16 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows:

§ 4733. Registration; rights of registrants.

(a) The Secretary shall register an applicant as a pharmacy, distributor, manufacturer, practitioner, researcher or other controlled substance registrant for purposes of manufacturing, distributing or dispensing, some or all of the controlled substances included in Schedules I-V who has an active, relevant underlying professional license in the State, or holds a practice privilege, interstate compact license, an interstate telehealth registration, or a military registration, unless the Secretary determines that the issuance of that registration would be inconsistent with the public interest.

SYNOPSIS

This Act revises §§ 4732 and 4733 of the Uniform Controlled Substances Act, Subchapter III, Chapter 47, Title 16 of the Delaware Code, pertaining to the regulation of the manufacture, distribution and dispensing of controlled substances. The revisions provide that out-of-state practitioners who wish to prescribe controlled substances in Delaware pursuant to a practice privilege, interstate compact license, telehealth registration, or military registration, must obtain a Delaware controlled substance registration. This Act will ensure that these out-of-state practitioners are subject to Delaware regulation with respect to prescribing controlled substances to Delaware patients.

Author: Senator Poore