SPONSOR:

Rep. Mitchell & Rep. Bentz & Sen. Townsend

Reps. Brady, Briggs King, Hudson, Viola, Wilson; Sens. Hansen, Henry

HOUSE OF REPRESENTATIVES

149th GENERAL ASSEMBLY

HOUSE BILL NO. 458

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE PRESCRIPTION MONITORING PROGRAM.

WHEREAS, Delaware’s prescription monitoring system contains information that can be critical to law enforcement officials investigating and prosecuting potential criminal matters involving prescription drugs; and

WHEREAS, Delaware’s prescription monitoring system statute, since it was first enacted, has contained provisions designed to balance the needs of law enforcement against legitimate privacy interests; and

WHEREAS, Delaware’s prescription monitoring system statute currently contains language that requires law enforcement officials, even when they have evidence that a crime may have been committed, to actually be able to identify a suspect before gaining access to the database; and

WHEREAS, the prescription monitoring system database may be the only means by which a suspect can be identified, even if there is evidence that a crime has occurred; and

WHEREAS, this language has proven to be a serious obstacle to state and federal law enforcement officials attempting to investigate serious crimes; and

WHEREAS, this language requiring an identified suspect before the database can be accessed is not found in the National Alliance for Model State Drug Laws Model Prescription Monitoring Program Act; and

WHEREAS, the Department of Justice is not aware of any other state that has this specific language in its state prescription monitoring program statute; and

WHEREAS the State wishes to address this issue with the prescription monitoring system while still maintaining the important privacy interests of Delawareans who take prescription medication.

NOW, THEREFORE:

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

Section 1. Amend Title 16, § 4798 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4798 The Delaware Prescription Monitoring Program.

( l  ) The Office of Controlled Substances shall maintain procedures to ensure that the privacy and confidentiality of patients and patient information collected, recorded, transmitted, and maintained is not disclosed, except as provided for in this section.

(2) The Office of Controlled Substances may provide data in the prescription monitoring program in the form of a report to the following persons:

d. A local, state, or federal law-enforcement or prosecutorial official engaged in the administration, investigation, or enforcement of the laws governing controlled substances and who is involved in a bona fide specific drug-related investigation or prosecution in which a report of suspected criminal activity involving controlled substances by an identified suspect has been made, and provided that such information be relevant and material to such investigation, limited in scope to the extent reasonably practicable in light of the purpose for which the information is sought, and include identifying information only upon a showing of need;

SYNOPSIS

This Act removes language from the state’s Prescription Drug Monitoring Program statute that unreasonably prevents law enforcement officials from accessing the PMP database when officials can show that the information on the database is relevant to an investigation or prosecution. This Act leaves intact the statutory right and responsibility of the Office of Controlled Substances to maintain the privacy of patients and patient information except under circumstances enumerated in the Delaware Code.