Goto previous pageGoto next page
pg. 291

Delaware Laws | Title 16 Health and Safety
CHAPTER 47. UNIFORM CONTROLLED SUBSTANCES ACT
Subchapter VII. Miscellaneous

(b) The provisions of subsection (a) of this section or any other law to the contrary notwithstanding, the Court of Common Pleas shall have original jurisdiction over any violation of: (8499)

(1) Section 4754(b) of this title; (8500)

(2) Section 4757(c) of this title; and (8501)

(3) Section 4771 of this title, (8502)

by persons 18 years of age or older, except that the Municipal Court of the City of Wilmington shall have original jurisdiction concurrent with the Court of Common Pleas for such violations by persons 18 years of age or older occurring within the City of Wilmington. (8503)

(c) The Family Court shall have original and exclusive jurisdiction over violations of this chapter by persons under age 18. (8504)

(16 Del. C. 1953, Sec. 4777; 58 Del. Laws, c. 424, Sec. 1; 58 Del. Laws, c. 480, Sec. 3; 61 Del. Laws, c. 261, Sec. 4; 62 Del. Laws, c. 250, Sec. 5; 71 Del. Laws, c. 63, Sec.Sec. 2, 3; 71 Del. Laws, c. 176, Sec. 25.) (8505)

Sec. 4796. Authority of the Attorney General. (8506)(Text)

Nothing in this chapter shall be interpreted as limiting the authority or responsibility of the Attorney General of this State to enforce the laws of this State. (8507)

(16 Del. C. 1953, Sec. 4778; 58 Del. Laws, c. 424, Sec. 1; 62 Del. Laws, c. 250, Sec. 5.) (8508)

Sec. 4797. Statewide authorized tamper resistant prescription forms. (8509)(Text)

(a) Effective October 1, 2010, every prescription written in this State by a practitioner shall be written on a statewide authorized tamper-resistant prescription form. This section shall not apply to prescriptions generated within a licensed medical facility that results in the internal dispensing of prescription drugs to any patient receiving treatment in that facility, nor to tamper-resistant prescription forms electronically generated within a licensed medical facility that meet the criteria established by the committee created under this section. (8510)

(b) "Statewide tamper-resistant prescription pads" shall be defined as a prescription pad, which has been authorized by the State for use, and meets the following criteria: (8511)

(1) Prevention of unauthorized copying, (8512)

(2) Prevention of erasure or modification; and (8513)

(3) An ability to prevent counterfeit prescription forms. (8514)

(c) The Secretary of the Delaware Department of Safety and Homeland Security (DSHS), or the Secretary's designee, shall form a committee consisting of representatives of state agencies and private sector interests. The purpose of the committee is to establish a statewide prescription form with specific criteria pursuant to this section to eliminate or significantly reduce prescription fraud. The committee shall develop the standard format and identifying markers on the front and back of the prescription form to be used by practitioners throughout the State. "Markers" shall be defined as the specific criteria under this subsection which shall be authorized by the State to be used on a statewide prescription form. The committee shall further develop a request for proposal which shall contain the adopted format and criteria approved by the committee to be submitted for bid to the State. The committee shall also have the authority to promulgate rules and regulations for the implementation of the provisions of this subsection. The committee shall be comprised of the following members: (8515)

(1) The Secretary of the Department of Safety and Homeland Security or the Secretary's designee; (8516)

(2) A representative from the Office of Narcotics and Dangerous Drugs to be appointed by the Secretary of the Department of Safety and Homeland Security; (8517)

(3) A representative from the Medical Society of Delaware to be appointed by the Governor; (8518)

(4) A representative from the pharmaceutical industry to be appointed by the Governor; (8519)

(5) The Director of the Division of Professional Regulation or the Director's designee; (8520)

(6) A representative of the Delaware Healthcare Facilities Association to be appointed by the Governor; (8521)

(7) The Director of Medicaid and Medical Assistance or the Director's designee; (8522)

(8) A representative of the Board of Pharmacy to be appointed by the Director of the Division of Professional Regulation; (8523)

(9) A representative from the Delaware Healthcare Association to be appointed by the Governor; (8524)

(10) A representative from the Office of Controlled Substances to be appointed by the Director of the Division of Professional Regulation; (8525)

(11) A representative from the Delaware Pharmacists Society to be appointed by the Governor; (8526)

(12) Two members at-large to be appointed by the Governor of the State. (8527)

(76 Del. Laws, c. 352, Sec. 1; 70 Del. Laws, c. 186, Sec. 1; 77 Del. Laws, c. 159, Sec. 1.) (8528)

Sec. 4798. The Delaware Prescription Monitoring Program [Effective upon provision of funding; see 77 Del. Laws, c. 396, Sec. 3] (8529)(Text)

(a) It is the intent of the General Assembly that the Delaware Prescription Monitoring Act established pursuant to this section serves as a means to promote public health and welfare and to detect the illegal use of controlled substances. The Delaware Prescription Monitoring Act shall have the dual purpose of reducing misuse and diversion of controlled substances in the State while promoting improved professional practice and patient care. (8530)

(b) Definitions. -- (8531)

(1) "Administer" or "administration" means the direct application of a drug to the body of a patient by injection, inhalation, ingestion, or any other means. (8532)

(2) "Controlled substance" means any substance or drug defined, enumerated or included in this chapter and Title 21, Code of Federal Regulations. (8533)

(3) "Dispense" or "dispensing" means the interpretation, evaluation, and implementation of a prescription drug or, including the preparation and delivery of a drug to a patient or patient's agent in a suitable container appropriately labeled for subsequent administration to, or use by, a patient. (8534)

Goto previous page291Goto next page

  

Our Mission
Objective

Our mission is to provide citizens free access to the laws and codes of their state utilizing a unique search engine that matches clients with qualified legal professionals who can help with specific issues.

Our goal is to do this in a manner that promotes open government and freedom of information, while providing attorneys with valuable tools to connect with qualified prospects in need of professional services.

Ignorance Is No Excuse
Your Right To Know The Law

All citizens have a right to have access to the laws that govern them. Citizen awareness and participation in government is fundamental to ensuring a sound democracy.

Although unfettered access to the law is a fundamental right to all citizens, there is no substitute for experienced legal counsel.

We do not recommend self-representation. We do, however, recognize that in an age where people routinely research legal matters online using everything from a smartphone to their xbox, both attorneys and clients alike can benefit from this resource.