Delaware Code Title 16 Sec. 4740B – Use, distribution and education concerning benzodiazepine and …
(a) Obligations of the Secretary. —
Terms Used In Delaware Code Title 16 Sec. 4740B
- addiction: shall mean dependence upon a drug in the following manner:
- Benzodiazepine: means any substance or drug which contains a benzene ring fused to a 7-member diazepine ring, results in the depression of the central nervous system and is primarily intended to treat insomnia, convulsions and anxiety, and used for muscle relaxation and pre-operation treatment including alprazolam, clonazepam, diazepam, lorazepam, and temazepam. See Delaware Code Title 16 Sec. 4701
- Distribute: means to deliver other than by administering or dispensing a controlled substance. See Delaware Code Title 16 Sec. 4701
- Drug: means (i) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary or any supplement to any of them; (ii) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals; (iii) substances (other than food) intended to affect the structure or any function of the body of man or animals; and (iv) substances intended for use as a component of any article specified in clause (i), (ii) or (iii) of this paragraph. See Delaware Code Title 16 Sec. 4701
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Non-benzodiazepine hypnotic: means any zaleplon, zolpidem, and any schedule II or schedule III drug, as defined by the Controlled Substances Act, 21 U. See Delaware Code Title 16 Sec. 4701
- Person: means individual, corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership or association, or any other legal entity. See Delaware Code Title 16 Sec. 4701
- Practitioner: means :
- 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 for medication which is dispensed for immediate administration to the ultimate user. See Delaware Code Title 16 Sec. 4701
- Secretary: means Secretary of the Department of State or the Secretary's designee in paragraph (22) of this section; §§ 4711; 4713; 4715; 4717; 4718(l); 4719; 4720(c); 4721; 4731; 4732; 4733; 4734(a) and (b); 4735 (b), (c) and (d); 4736(a) and (b); 4737; 4738; 4739(b); 4762(e)(2); 4781(1); 4782; 4783(b); 4785; 4786; 4787(b), (c), (d), (e) and 4791(d) of this title. See Delaware Code Title 16 Sec. 4701
The Secretary shall produce and distribute either in written or electronic form to pharmacies, not including institutional pharmacies, pamphlets for consumers relative to benzodiazepines and non-benzodiazepine hypnotics that includes educational information about:
(1) Misuse and abuse by adults and children;
(2) Risk of dependency and addiction;
(3) Proper storage and disposal;
(4) Addiction support and treatment resources; and
(5) A telephone helpline.
A pharmacist shall distribute the pamphlet when dispensing a benzodiazepines or a non-benzodiazepine hypnotic.
(b) Duties of practitioners. —
No practitioner shall prescribe a benzodiazepine or a non-benzodiazepine hypnotic to a minor without first obtaining a parent or guardian‘s written informed consent except in the case of emergency treatment or for treatment associated with neuromuscular disabilities. The Secretary shall prescribe a form for physicians to use in obtaining such consent. The form shall be written in a manner designed to permit a person unfamiliar with medical terminology to understand its purpose and content, and shall include the following information:
(1) Misuse and abuse by adults and children;
(2) Risk of dependency and addiction;
(3) Possible life threatening risks of minors using the drug for the first time; and
(4) Risks associated with long-term use of drugs.