§ 4791. | § 4792. | § 4793. | § 4794. | § 4795. | § 4796. | § 4797.
(a) Prosecution for any violation of law occurring prior to the effective date of this chapter is not affected or abated by this chapter. If the offense being prosecuted is similar to one set out in subchapter IV of this chapter, then the penalties under subchapter IV apply if they are less than those under prior law.
(b) Civil seizures or forfeitures and injunctive proceedings commenced prior to the effective date of this chapter are not affected by this chapter.
(c) All administrative proceedings pending under prior laws which are superseded by this chapter shall be continued and brought to a final determination in accord with the laws or rules in effect prior to the effective date of the chapter. Any substance controlled under prior law which is not listed within Schedules I through V is automatically controlled without further proceedings and shall be listed in the appropriate schedule.
(d) The Secretary shall initially permit persons to register who own or operate any establishment engaged in the manufacture, distribution or dispensing of any controlled substance prior to the effective date of this chapter and who are registered or licensed by the State.
(e) This chapter applies to violations of law, seizures and forfeiture, injunctive proceedings, administrative proceedings and investigations which occur following its effective date. (16 Del. C. 1953, § 4773; 58 Del. Laws, c. 424, § 1; 62 Del. Laws, c. 250, § 5.)
§ 4792. Continuation of rules.
Any orders and rules promulgated under any law affected by this chapter and in effect on the effective date of this chapter and not in conflict with it continue in effect until modified, superseded or repealed. (16 Del. C. 1953, § 4774; 58 Del. Laws, c. 424, § 1; 62 Del. Laws, c. 250, § 5.)
§ 4793. Uniformity of interpretation.
This chapter shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among those states which enact it. (16 Del. C. 1953, § 4775; 58 Del. Laws, c. 424, § 1; 62 Del. Laws, c. 250, § 5.)
This chapter may be cited as the Uniform Controlled Substances Act. (16 Del. C. 1953, § 4776; 58 Del. Laws, c. 424, § 1; 62 Del. Laws, c. 250, § 5.)
(a) The Superior Court shall have original and exclusive jurisdiction over any violation of this chapter by persons 18 years of age or older.
(b) The provisions of subsection (a) of this section or any other law to the contrary notwithstanding, the Court of Common Pleas shall have original jurisdiction over any violation of:
(1) Section 4754(b) of this title;
(2) Section 4757(c) of this title; and
(3) Section 4771 of this title,
by persons 18 years of age or older, except that the Municipal Court of the City of Wilmington shall have original jurisdiction concurrent with the Court of Common Pleas for such violations by persons 18 years of age or older occurring within the City of Wilmington.
(c) The Family Court shall have original and exclusive jurisdiction over violations of this chapter by persons under age 18. (16 Del. C. 1953, § 4777; 58 Del. Laws, c. 424, § 1; 58 Del. Laws, c. 480, § 3; 61 Del. Laws, c. 261, § 4; 62 Del. Laws, c. 250, § 5; 71 Del. Laws, c. 63, §§ 2, 3; 71 Del. Laws, c. 176, § 25.)
§ 4796. Authority of the Attorney General.
Nothing in this chapter shall be interpreted as limiting the authority or responsibility of the Attorney General of this State to enforce the laws of this State. (16 Del. C. 1953, § 4778; 58 Del. Laws, c. 424, § 1; 62 Del. Laws, c. 250, § 5.)
§ 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 the Secretary's 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 this section 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 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. 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 the Secretary's 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 the Director's 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 the Director's 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 members at-large to be appointed by the Governor of the State. (76 Del. Laws, c. 352, § 1; 70 Del. Laws, c. 186, § 1.)
NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts up to and including 76 Del. Laws, c. 416, effective July 31, 2008.
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