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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 of Orginal Bill:
(without Amendments)
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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