CHAPTER 288

FORMERLY

HOUSE BILL NO. 515

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO TH UNIFORM CONTROLLED SUBSTANCES ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE 0 DELAWARE:

Section 1. Amend Section 4701 of Title 16 of the Delaware Code by adding the following as a new subsection (3):

"(3) 'Administration' means the Drug Enforcement Administration, United States Department of Justice or its successor agency."

FURTHER AMEND § 4701 of Title 16 of the Delaware Code and renumbering remaining Section (5), by striking the current subsection number (5) as follows:

"(5) 'Bureau' means the Bureau of Narcotics and Dangerous Drugs, United States Department of Justice or its successor agency."

FURTHER AMEND § 4701 of Title 16 of the Delaware Code by adding the following definition as number (15) as follows:

"(15) 'Drug Detection Animal Trainer' means all persons, not classified as a practitioner pharmacy, distributor, manufacturer or researcher, but under the classification of '0th Controlled Substance Registrants'. 'This registrant shall have formal training and nu train animals for drug detection using controlled substances listed under the registration These registrants shall have equipment and a site appropriate for registration'."

FURTHER AMEND § 4701 of Title 16 of the Delaware Code by inserting the following as a new Section 27 and renumbering the remaining sections:

"(27) 'Other Controlled Substance Registrants' means all persons and firms, except persons or firms exempt from registration, who are not classified as pharmacies, distributors, manufacturers, practitioners or researchers. Examples of persons or firms this classification include, but are not limited to analytical laboratories and drug detection animal trainers, having a legitimate need to use 'controlled substances' as defined in this Act."

FURTHER AMEND § 4701 of Title 16 of the Delaware Code by inserting the following as Subsection 32:

"(32) 'Prescribe' means to give an order for medication or other therapy by authorized personnel which is dispensed to or for an ultimate user but does not include an order f medication which is dispensed for immediate administration to the ultimate user."

FURTHER AMEND § 4701 of Title 16 of the Delaware Code by inserting the following as Subsection 34:

"(34) 'Researcher' means all persons and firms, not a practitioner, who routine performs scholarly or scientific investigations or inquiries."

Section 7. Amend § 4732 (a), Title 16, Delaware Code by striking the words "Eve person who manufactures, distributes or dispenses any controlled substance within this State who proposes to engage in the manufacture, distribution or dispensing of any control' substance", as they appear therein and substituting the words "Any pharmacy, distributor, manufacturer, practitioner, researcher or under the classification of 'Other Controlled Substance Registrants', who has or proposes to engage in activities accordingly", in lieu thereof.

FURTHER AMEND § 4732 (b), Title 16, Delaware Code by striking the words "Persons registered by the Secretary under this chapter to manufacture, distribute, dispense or conduct research with controlled substances may possess, manufacture, distribute, dispense or conduct research with", as they appear therein and substituting the words "Any pharmacy, distributor, manufacturer, researcher or classified under 'Other Controlled Substance Registrants', are limited to", in lieu thereof.

FURTHER AMEND § 4732 (e), Title 16, Delaware Code by striking the words "or dispenses controlled substances" as they appear therein and substituting the words "dispenses or conducts research with controlled substances. (Includes classification of 'Other Controlled Substance Registrants')", in lieu thereof.

Section 8. Amend § 4733 (2), Title 16, Delaware Code by striking the words "to manufacture or distribute controlled substances as they appear therein and substituting the words "as a pharmacy, distributor, manufacturer, practitioner, researcher or under the classification, 'Other Controlled Substance Registrants—, in lieu thereof.

FURTHER AMEND Section 4733 (a)(2), Title 16, Delaware Code by adding the words "includes such requirements as having a license to practice as a practitioner or having documented training and continuing education as a drug detection animal trainer" after the word "law" as it appears therein.

FURTHER AMEND Section 4733 (a)(6), Title 16, Delaware Code by striking the words "or dispense" as they appear there in and substituting the words "prescribe, dispense or research", in lieu thereof.

FURTHER AMEND Section 4733 (b), Title 16, Delaware Code by striking the words "and distribute controlled substances" as they appear therein and substituting the words "research and distribute controlled substances including the classification of 'Other Controlled Substance Registrants’", in lieu thereof.

Section 9. Amend 4734 (a), Title 16, Delaware Code by striking the words "to manufacture, distribute or dispense a controlled substance" as they appear therein and substituting the words "as a pharmacy, distributor, manufacturer, practitioner, researcher or under the classification of 'Other Controlled Substance Registrants'", in lieu thereof.

FURTHER AMEND Section 4734 (a)(2), Title 16, Delaware Code by adding the words, "including such events as a practitioner losing their license to practice or a drug detection animal trainer not obtaining or maintaining formal training and continuing education" after the word "law" as it appears therein.

FURTHER AMEND Section 4734 (a)(6), Title 16, Delaware Code by striking the words "or dispense" as they appear there in and substituting the words, "prescribe, dispense or research", in lieu thereof.

FURTHER AMEND Section 4734 (d), Title 16, Delaware Code by striking the word "Bureau" as it appears therein and substituting the word "Administration", in lieu thereof.

Section 10. Amend § 4756 (a)(2), Title 16, Delaware Code by striking the words "or dispensing" as they appear therein and substituting the words "prescribing, dispensing or research", in lieu thereof.

Section 11. Amend § 4784 (0(5) of Title 16 of the Delaware Code by striking the word "Bureau" as it appears there in and substituting the word "Administration", in lieu thereof.

Section 12. The Code revisers are empowered to renumber the subsections in Section 4701 of Title 16 of the Delaware Code in order to keep the subsections in numerical order.

Approved June 16, 1998