SB 84 DE

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This Act elevates medication diversion out of the definition of abuse for the sake of clarity and is not intended to change existing reporting obligations for facilities under Subchapter III of Chapter 11 of Title 16 of the Delaware Code (“Subchapter III”). This Act ensures reporting requirements are triggered for facilities and hospitals covered by Subchapter III if medication diversion occurs in the facilities or hospitals. Reporting is essential to the Department of Justice’s ability to prosecute and recommend treatment, when appropriate, for the person committing medication diversion. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including standardizing the order of words in the phrase “abuse, neglect, mistreatment, financial exploitation, or medication diversion” to ensure consistency. Medication diversion poses a threat to patient and resident safety in long-term care facilities, psychiatric facilities, nursing facilities, and hospitals. Risks include patients and residents receiving inadequate pain relief, exposure to infectious diseases from contaminated needles and drugs, and potentially unsafe care. The Drug Enforcement Administration recognizes 5 classes of drugs that are frequently abused: opioids, depressants, hallucinogens, stimulants, and anabolic steroids. Opioid abuse is the major cause of medication diversion. Medication diversion is commonly underreported. The sooner medication diversion is reported, the sooner interventions can be made to protect the health and safety of a patient or resident and to provide drug treatment or other help to a healthcare worker.

• Laura V. Sturgeon Democratic · primary
• Melissa Minor-Brown Democratic · primary
• Larry Lambert Democratic · primary
• Paul S. Baumbach · primary

1. Mar 9, 2021 Introduced and Assigned to Health & Social Services Committee in Senate · upper
2. Mar 17, 2021 Reported Out of Committee (Health & Social Services) in Senate with 3 Favorable, 2 On Its Merits · upper
3. Mar 23, 2021 Passed By Senate. Votes: 21 YES · upper
4. Mar 24, 2021 Assigned to Health & Human Development Committee in House · lower
5. Mar 31, 2021 Reported Out of Committee (Health & Human Development) in House with 7 Favorable, 7 On Its Merits · lower
6. Apr 16, 2021 Suspension of Rules in House · lower
7. Apr 22, 2021 Passed By House. Votes: 40 YES 1 ABSENT · lower
8. Jun 3, 2021 Signed by Governor · executive

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Bill Text · HTML
• Bill Text · PDF