CHAPTER 161

FORMERLY

HOUSE BILL NO. 333

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16, DELAWARE CODE, BY ADDING A NEW CHAPTER 48 THERETO RELATING TO THE LICENSING OF DRUG ABUSE PREVENTION, CONTROL, TREATMENT AND EDUCATION PROGRAMS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Title 16, Delaware Code, by adding thereto a new Chapter 48 to read as follows:

Chapter 48. Licensing of Drug Abuse Prevention, Control,

Treatment & Education Programs.

§ 4801. Definitions

The following words and phrases, as used in this Chapter have the following meanings, unless the context otherwise requires:

(1) "Department" means Department of Health and Social Services.

(2) "Division" means the Division of Drug Abuse Control.

(3) "Licensing Division" means the Division of Public Health.

(4) "DATE Center" means a drug abuse, treatment, and education center, and shall include but not be limited to the following: (a) a residential rehabilitation center which is a live-in facility operating 24 hours a day, 7 days a week, staffed by professional and Para-professional persons offering therapeutic programs for drug dependent persons. (b) a non-residential daycare center, which is a facility offering therapeutic programs operated by trained professional and para-professional persons for treatment of drug dependent persons who are able to live in their own homes in the community. (c) an education information center, which is an information center facility offering education and information to drug dependent persons, their families, and the general community, but limits treatment to individual, group, or family counseling by persons trained to do so ; with direct referral to more appropriate programs as required. Such a center shall make referrals to approved treatment facilities both in and out of State. (d) drop-in center, communication center or "rap house," which is a program oriented toward youth with a goal of prevention of drug dependency. Such a center shall make referrals to appropriate treatment facilities and may also provide counseling as in "c". (e) "D.I.A.L." (Drug Information Action Line) means a telephone installed to respond to requests for information about drugs, drug treatment facilities, emergency treatment centers, and drug crisis intervention. (f) "DATE Center" shall not include Hospitals or Nursing Homes. (g) Methadone Treatment and Detoxification Programs are for scheduled administration of Methadone under appropriate Food and Drug Administration regulations and by permit issued and verified by Department and Division as a program providing supporting rehabilitative services such as counseling, therapy, and vocational rehabilitation.

(5) "Drug Evaluation Team" (DET) , means a special assembly appointed by the Director of Division of physicians, psychologists, social workers, vocational rehabilitation specialists, drug counselors, and representatives of community agencies whose responsibilities will be: (a) to assist all "DATE Centers" in determination of the proper treatment modalities for all referred patients. (b) to accept all referrals made by any state or private agency or individual seeking for himself an evaluation if such person is felt to be a drug abuser.

(6) "Medical Entry Service" (MES), means an outpatient clinical service where all suspected drug abusers can obtain a physical examination, psychological testing, and other examinations indicated. Referrals may be made by any private or state agency, or private individual seeking for himself such an evaluation, as a person felt to be a drug abuser. Such a service must be affiliated with a hospital accredited by the Joint Commission on the Accreditation of Hospitals.

§ 4802. Duties of Division

The Division of Drug Abuse Control as a component of the Department of Health and Social Services shall:

(1) formulate a comprehensive plan for diagnosis, treatment, rehabilitation and education in the areas of drug abuse and dependence and revise such plan from time to time.

(2) promote, develop, establish, coordinate, and conduct unified programs of education, prevention, diagnosis, treatment and rehabilitation in the field of drug abuse and dependence and foster cooperation with appropriate federal, state, local and private agencies.

(3) provide public education and training and disseminate and gather information relating to drug abuse and dependency.

(4) promote, develop, establish, coordinate and conduct through the Department or any approved agency, public or private, unified programs for education prevention, diagnosis, research, treatment, aftercare, community referral, and rehabilitation in the field of drug abuse and dependency and, within the funds made available by appropriation, to implement and administer such programs.

(5) encourage and coordinate, single and multiple programs for drug abuse treatment and education across the Departmental Division lines of authority and utilize the maximum resources of the Department in the most efficient manner possible.

(6) determine in cooperation with the provisions of §4804 of this Chapter a funding program for the dissemination of available federal, state, and private funds to units of state or local government or private organizations which establish and implement approved local drug abuse, education, diagnostic and treatment programs.

(7) promulgate rules and regulations with the approval of the Secretary of Department for the implementation of the authority and responsibilities within this Chapter, and employ persons responsible for implementing the purposes of this Chapter.

(8) establish guide lines and provide for the systematic and comprehensive evaluation of the effectiveness of various programs licensed by Division.

(9) establish a Drug Evaluation Team to assist all other agencies in determination of the appropriate treatment modalities for patients referred.

(0) establish a Medical Entry Service to provide a comprehensive medical diagnostic service to insure timely identification of diseases other than drug abuse to further insure proper referral and treatment.

(1) establish a D.I.A.L. system in each county of the state and promulgate rules and regulations pertaining to the scope of their duties.

§ 4803. Hospital and outpatient facilities for drug dependents

(1) Division shall have the authority to designate all facilities to be used exclusively or partially for the treatment of drug dependents upon application and under the provisions of this Chapter. These facilities may be operated as inpatient or outpatient programs. These facilities may be operated as state or private facilities. The licensing law of Title 31, Chapter 3, paragraphs 341 to 344 is not applicable to these facilities.

(2) Division shall establish procedures whereby persons who are drug dependents shall seek admission to these programs on a voluntary basis, and provide a system to accept appropriate referrals from all components of the criminal justice system, and will provide assistance where necessary for security for such referrals.

(3) Division shall have the authority to contract with other governmental or private agencies for additional diagnostic and treatment facilities or programs. Division is encouraged to establish these programs on a regional basis with emphasis on prevention and preventive education and broad community involvement.

(4) Division shall establish a Medical Entry Service, as a service whereby all individuals can get a physical examination, psychological testing, and other examinations if there is reason to believe the individual or individuals are drug abusers or drug dependent.

(5) Any eligible person in the care or custody of any Division of Department may be transferred for treatment to an approved program.

(6) No person who voluntarily enters any hospital or outpatient facility or program for treatment of drug dependency shall be retained in such facilities or program against his will, nor shall such voluntary admission be used as evidence for criminal prosecution.

§ 4804. Secretary to appoint a Drug Abuse Executive Council

The Secretary of Department shall designate the following membership :

(1) members of the Statutory Governor's Advisory Council on Drug Abuse shall be ex officio.

(2) other members with special skills, knowledge and expertise as determined by the Secretary of Department.

(3) other members representing community citizen participation from each county.

§ 4805. Application for license

(1) Organizations described in Section 4801 (4) desiring to be designated to operate within the state shall apply for a license to Division at the time of organization and before the anniversary of initial license of each succeeding year during which such organization proposes to operate.

(2) Organizations described in Section 4801 (4) desiring to be designated to operate within the state will be required to participate in the centralized drug abuse medical recordkeeping system.

(3) Organizations described in Section 4801 (4) desiring to be designated to operate within the state shall have a Medical Advisory Committee or equivalent whose appropriate representatives will be determined by rules and regulations established by Division, but that such Medical Advisory Committee must also have representative community membership.

(4) Payment of a $15.00 fee shall accompany the submission of the application for license,

§ 4806. Automatic licensing

(1) Any center, institution or other facility providing the same or similar services as those defined in Section 4801 (4) and operated by federal or state agencies shall be issued a license automatically upon receipt of application by Licensing Division, unless recommendation to the contrary is made by Division, or Licensing Division has knowledge of failure to comply with this Chapter or other appropriate regulations.

§ 4807. Review and action upon license applications

(1) Division shall review each application and inspect the premises and evaluate the program of each applicant for a new or renewal license by rules and regulations established under Section 4802 (7).

(2) Division shall make recommendations to the "Licensing Division", which shall issue or deny the application as made, or grant a license with whatever modifications deemed fit.

(3) The Licensing Division shall issue a license without restrictions or deny only when the public interest dictates. Any applicant aggrieved by the Licensing Division's failure, in holder and part, to grant a license on the terms requested may appeal to the Secretary of Department, who shall have jurisdiction to hear appeals from decisions of the Licensing Division, such hearings to be public.

§ 4808. Expiration of license and renewal; conditional permit

(1) A license issued for operation of a DATE Center, unless sooner superseded or revoked, shall expire on the day prior to the anniversary of the issuance date; unless the same shall have been renewed prior thereto.

(2) Licensed operators against whom a revocation proceeding is pending at the time of license renewal shall be issued a conditional permit effective until final disposition by the Department of such proceedings.

§ 4809. Refusal of license; renewal; revocation; notice; bearing

(1) No license shall be denied, revoked, or suspended except after notice in writing to the applicant or licensee setting forth the particular reasons for the proposed action and provision for a fair hearing, if demanded by the licensee or applicant, within ten days after receipt of said notice, may request in writing a hearing, by delivering the request to the Department in person or by due course of mail. If no such request is made within the time fixed, the Secretary of Department shall proceed to deny, revoke, or suspend said license as set out in the notice of the proposed action.

(0) All hearings under this section shall be held after due public notice by the Secretary of Department or any agent designated by him within the county in which the licensee or applicant operates or applies for license to operate a DATE Center as defined in Section 4801 (4). A transcript of the proceedings shall be reviewed by the Secretary of Department, who shall enter his decisions thereupon. All hearings under this section shall be public.

(0) The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the Department. The Department or any agent designated by it may take testimony concerning any matter within its jurisdiction and may administer oaths for that summons and subpoenas for any witness and subpoenas duces tecum, which shall be served and returned as provided by law. At the hearing the applicant or licensee shall have the right to cross-examine witnesses against him, to produce witnesses in his defense, and to appear personally or by counsel.

(1) On the basis of any such hearing, or upon the failure of the applicant or licensee to request a hearing, the Secretary of Department shall make a determination specifying its findings of fact and conclusions. A copy of such determination shall be sent by registered mail or certified mail or be personally served upon the applicant or licensee.

(2) A full and complete record shall be kept of all proceedings, and all testimony shall be reported. Copies of the transcription may be obtained by any interested party on payment of the cost of preparing such copies.

§ 4810. Reinstatement or revoked or suspended license

(1) When a license has been revoked or suspended, the licensee, if he has not previously had a license revoked or suspended under this Chapter, may at any time after the determination has become final, request a hearing for the purpose of showing that the reasons for the revocation or suspension of license have been corrected and that the license should be reinstated. No licensee who has previously had a license suspended or revoked under this Chapter may request a hearing to reinstate the license prior to one year after the determination becomes final.

(2) The request for hearings shall be in writing and shall be delivered to the Secretary of Department in person or by due course of mail.

(3) Any hearing conducted under this section shall not operate to stay or supersede any decision revoking or suspending a license.

(4) Hearings conducted under this section shall be conducted in the same manner as provided in Section 4809.

§ 4811. Violations

Any person establishing, conducting, managing or operating any DATE Center without proper license under this chapter shall be subject to injunctive proceedings to restrain and enjoin the operation of any DATE Center in violation of the provisions hereof. The Department of Justice shall represent Department and Division in such proceedings through the appropriate court.

§ 4812. Right of entry and inspection

The Department, Division or Licensing Division or any duly designated officer or employee thereof shall have the right to enter upon and into the premises of any DATE Center licensed pursuant to this chapter at any reasonable time in order to determine the state of compliance with the provisions of this Chapter and any rules and regulations enforced pursuant thereof. Such right of entry and inspection shall also extend to any premises which the Department, Division or Licensing Division has reason to believe is being operated or being maintained as a DATE Center without a license, but no such entry or inspection of any premises shall be made without the permission of the owner or person in charge thereof, unless a warrant is first obtained from the appropriate Court authorizing same. Any applicant for a DATE Center license made pursuant to this Chapter shall constitute permission for a complete acquiescense in any entry or inspection of the premises for which the license is sought in order to facilitate verification of the information submitted on or in connection with such application.

§ 4813. Methadone Treatment Medication Units

Methadone Treatment Medication Units may only be established in compliance with appropriate Federal Food and Drug Administration regulations.

§ 4814. Annual reports

All licensees shall furnish Division with an annual report in accordance with the rules and regulations established under Section 4803 (7). Such report must include at the least narrative and statistical data on services rendered and achievements in justification of the expenditure of public funds.

§ 4815. Exceptions

(1) For the purpose of this Chapter, licensure shall not be required for those programs that provide drug abuse education in public or private schools as a matter of and in conjunction with a general education of students.

(0) This Chapter does not require registration of law enforcement agencies which provide drug abuse education in the course of their normal performance of duties.

(1) Nothing in this Chapter shall prohibit registration of such programs of education or law enforcement if such law enforcement and education agencies so desire.

Section 2. The effective date of this Act shall be June 30, 1973.

Approved July 9, 1973.