SPONSOR:

Rep. Heffernan & Sen. Townsend

Reps. Baumbach, Briggs King, Gray, K. Johnson; Sens. Cloutier, Hansen

HOUSE OF REPRESENTATIVES

150th GENERAL ASSEMBLY

HOUSE BILL NO. 233

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 § 4701, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4701. Definitions.

As used in this chapter:

(42) “Prescription drug order” means any written or verbal order written, verbal, or electronic prescription, as “Prescription” is defined in Section 2.0 of Title 24 of the Delaware Administrative Code relating to the Uniform Controlled Substances Act, of a practitioner for a prescription drug.

Section 2. Amend § 4722, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 4722. Schedule V.

(a) The controlled substances listed in this section are included in Schedule V.

(d) Gabapentin.

SYNOPSIS

This Act expands the definition of “prescription drug order” to include electronic prescribing and makes Gabapentin a Schedule V controlled substance. Gabapentin is a prescription medication which is used to treat partial seizures and neuropathic pain. However, Gabapentin is also used to increase the effects of opioids, which potentially increases the risk of overdose death when used in combination with opioids. Gabapentin has become a drug of abuse with users reporting effects such as euphoria, a marijuana-like high, and other users describing their state after taking the medication to be zombie-like. The United States has seen substantial increases in the rate of Gabapentin prescribing and abuse. Several states, including Kentucky, Ohio, and West Virginia, have already classified Gabapentin as a Schedule V controlled substance. Classifying Gabapentin as a Schedule V controlled substance in Delaware will permit the State to monitor the prescription of the drug and address issues of abuse.