CHAPTER 352

FORMERLY

SENATE BILL NO. 321

AS AMENDED BY

SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MANUFACTURED PRESCRIPTION DRUGS.

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

Section 1. Amend Title 16, Chapter 47 of the Delaware Code by adding a new section 4797 as follows:

“Section 4797. Statewide Authorized Tamper Resistant Prescription Forms.

(a) Effective October 1, 2009, 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.

(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:

1. Prevention of unauthorized copying,

2. Prevention of erasure or modification; and

3. An ability to prevent counterfeit prescription forms.

(c) The Secretary of the Delaware Department of Safety and Homeland Security (DSHS), or his 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 §4797 of this Subchapter 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 of Delaware. “Markers” shall be defined as the specific criteria under this subsection which shall be authorized by the State of Delaware 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 of Delaware. 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:

1. The Secretary of the Department of Safety and Homeland Security or his or her designee;

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;

3. A representative from the Medical Society of Delaware to be appointed by the Governor;

4. A representative from the pharmaceutical industry to be appointed by the Governor;

5. The Director of the Division of Professional Regulation or his or her designee;

6. A representative of the Delaware Healthcare Facilities Association to be appointed by the Governor;

7. The Director of Medicaid and Medical Assistance or his or her designee;

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

9. A representative from the Delaware Healthcare Association to be appointed by the Governor;

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

11. A representative from the Delaware Pharmacists Society to be appointed by the Governor;

12. Two (2) members at-large to be appointed by the Governor of the State of Delaware.

Section 2. The Committee shall be formed no later than ninety days from the date of enactment and expire upon completion and adoption of the request for proposal, but no later than October 1, 2009.

Approved July 16, 2008