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146th General Assembly
Senate Bill # 278 w/SA 1

Primary Sponsor: Bushweller Additional Sponsor(s):    Rep. Mitchell
CoSponsors: Sens. Hall-Long, Henry, Simpson, Sorenson
Introduced on : 06/26/2012
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.

Current Status: House Health & Human Development Committee   On   06/28/12
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Fiscal Notes/Fee Impact:Not Required
Amendments: SA 1 to SB 278 - Passed
Voting Reports:
Senate vote: () Passed 6/27/2012 5:46:21 PM------->Voting Record
Actions History:
Jun 28, 2012 - Introduced and Assigned to Health & Human Development Committee in House
Jun 27, 2012 - Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Jun 27, 2012 - Amendment SA 1 - Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Jun 27, 2012 - Amendment SA 1 - Introduced in Senate
Jun 27, 2012 - Necessary rules are suspended in Senate
Jun 26, 2012 - Laid On Table in Senate
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