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147th General Assembly
Senate Bill # 59 w/SA 2

Primary Sponsor: Bushweller Additional Sponsor(s):    Rep. Mitchell & Rep. Walker
CoSponsors: Sens. Ennis, Henry; Reps. Bolden, Heffernan, Jaques, Dukes
Introduced on : 05/02/2013
Long Title: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.
Synopsis: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.

Current Status: Signed   On   08/06/2013
Volume Chapter79:164
Date Governor acted:08/06/2013
Full text of Legislation:
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Full text of Legislation:
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Fiscal Notes/Fee Impact:Not Required
Amendments: SA 1 to SB 59 - Stricken
SA 2 to SB 59 - Passed
Committee Reports:
Senate Committee report 05/15/13 F=0 M=5 U=0----->Committee Report
House Committee Report 06/26/13 F=0 M=9 U=0---->Committee Report
Voting Reports:
Senate vote: () Passed 6/20/2013 5:11:23 PM------->Voting Record
House vote: () Passed 6/30/2013 5:36:43 PM------->Voting Record
Engrossed Version:
Engrossment------->Engrossment
Actions History:
Aug 06, 2013 - Signed by Governor
Jun 30, 2013 - Passed by House of Representatives. Votes: Passed 41 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Jun 26, 2013 - Reported Out of Committee (HEALTH & HUMAN DEVELOPMENT) in House with 9 On Its Merits
Jun 25, 2013 - Introduced and Assigned to Health & Human Development Committee in House
Jun 20, 2013 - Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
Jun 20, 2013 - Amendment SA 2 - Passed by Senate. Votes: Passed 20 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
Jun 20, 2013 - Amendment SA 2 - Introduced in Senate
Jun 20, 2013 - Amendment SA 1 - Stricken
May 15, 2013 - Reported Out of Committee (HEALTH & SOCIAL SERVICES) in Senate with 5 On Its Merits
May 09, 2013 - Amendment SA 1 - Introduced and Placed With the Bill in Senate
May 02, 2013 - Assigned to Health & Social Services Committee in Senate
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