CHAPTER 229

FORMERLY

HOUSE BILL NO. 274

AS AMENDED BY HOUSE AMENDMENT NO.

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO LICENSING OF DRUG ABUSE PREVENTION, CONTROL, TREATMENT AND EDUCATION PROGRAMS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE. STATF. OF DELAWARE (Three-fifths of all members elected to each House thereof concurring therein):

Section 1. Amend Title 16 by striking Chapter 48 in its entirety and substituting in lieu thereof a new Chapter 48, which new chapter shall read as follows:

"CHAPTER 48. LICENSING OF DRUG ABUSE PREVENTION, CONTROL TREATMENT AND EDUCATION PROGRAMS.

Section 4801. Definitions.

The following words and phrases, as used in this chapter, have the following meanings, unless the context otherwise re quires:

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

(2) "Bureau" means the Bureau of Alcoholism and Drug Abuse.

(3) "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 paraprofessional persons offering therapeutic programs for drug-dependent persons;

b. A nonresidential day care center, which is a facility offering therapeutic programs operated by trained professional and paraprofessional 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 mare appropriate programs as required. Such a center shall make referrals to approved treatment facilities both in and out of the 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 paragraph c. of this definition;

e. "DIAL" (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;

a. "DATE Center" shall not include hospitals or nursing homes;

b. Methadone treatment and detoxification programs are for schedules administration of methadone under appropriate Food and Drug Administration regulations and by permit issued and verified by the Department and Bureau as a program providing supporting rehabilitative services such as counseling, therapy, and vocational rehabilitation.

(4) "Substance Evaluation Team" (SET) means a special assembly appointed by the Chief of the Bureau 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.

Section 4802. Duties of Bureau

The Bureau of Alcoholism and Drug Abuse 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 meet efficient manner possible;

(6) Promulgate rules and regulations with the approval of the Secretary of the Department for the implementation of the authority and responsibilities within this chapter and employ persons responsible for implementing the purposes of this chapter;

(7) Establish guidelines, and provide for the systematic and comprehensive evaluation of the effectiveness of various programs licensed by the Bureau;

(8) Establish a Substance Evaluation Team to assist all other agencies in determination of the appropriate treatment modalities for patients referred;

(9) License organizations described in paragraph (3) Section 4801 and facilities providing the Same or similar services as those defined in that paragraph, according to the provisions of this chapter.

(10) The Bureau shall provide or fund adequate services as appropriate within the limits of available State and Federal funds.

Section 4803. Hospital and outpatient facilities for drug dependents. The Bureau shall:

(1) 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 facilities. The licensing law of Section 341 to 344 of Title 31 is not applicable to these facilities.

(2) 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 provide assistance where necessary for security for such referrals.

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

(4) Authorize any eligible person in the care or custody of any division of the Department to be transferred for treatment to an approved program.

(5) Provide that 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.

Section 4804. Application for license.

(a) Organizations described in paragraph (3) of Section 4801 desiring to be designated to operate within the state shall apply to the Bureau for a license at the time of organization and before the anniversary of the initial license of each succeeding year which such organization proposes to operate.

(b) Organizations described in paragraph (3) of Section 4801 desiring to be designated to operate within the state will be required to participate in the centralized drug abuse medical record-keeping system.

(c) Payment of a $15 fee shall accompany the submission of the application for license.

Section 4805. Review and action upon license applications.

(a) The Bureau 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 paragraph (7) of Section 9802.

(b) The Bureau shall issue or deny the application as made or grant a license with whatever modifications deemed fit.

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

Section 4806. Expiration of license and renewal; conditional permit.

(a) 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.

(b) 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.

Section 4807. Refusal of license; renewal; revocation; notice, hearing.

(a) 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. Within 10 days after receipt of said notice, a licensee or applicant may demand a hearing by delivering the written request to the Department in person or by mail. If no such request is made within the time fixed, the Secretary of the Department shall proceed to deny, revoke or suspend said license as set out in the notice of the proposed action.

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

(c) 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, summons, or 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.

(d) On the basis of any such hearing or upon the failure of the applicant or licensee to request a hearing, the Secretary of the 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.

(e) 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.

Section 4808. Reinstatement of revoked or suspended license.

(a) 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 the 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 year 1 after the determination becomes final.

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

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

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

Section 4809. Injunctive proceedings for 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 the Department in such proceedings in the appropriate court.

Section 4810. Right of entry and inspection.

The Department or Bureau 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 or the Bureau 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 application for a DATE Center license made pursuant to this chapter shall constitute permission for a complete acquiescence 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.

Section 4811. Methadone Treatment Medication Units.

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

Section 4812. Annual Reports.

All licensees shall furnish the Bureau with an annual report in accordance with the rules and regulations established under paragraph (16) of 54802. Such report must include at the least narrative and statistical data on services rendered and achievements in justification of the expenditure of public funds.

Section 4813. Exceptions.

(a) 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.

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

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

Approved April 30, 1982.