Delaware Administrative Code
Title 24 - Regulated Professions and Occupations
Department of State
Division of Professional Regulation
Uniform Controlled Substances Act Regulations
Section 3.0 - Requirements

Universal Citation: 24 DE Admin Code 3.0

Current through Register Vol. 28, No. 3, September 1, 2024

3.1 Registration shall be on a biennial basis upon forms supplied by the Division of Professional Regulation or Secretary of State for that purpose. A separate registration is required at each principal place of business or professional practice where controlled substances are manufactured, distributed, dispensed, or kept for research analysis. Out-of-State registrants who dispense or distribute controlled substances to patients or facilities in Delaware are required to obtain a registration.

3.1.1 All practitioners registered under Title 16, Chapter 47 as of July 1, 2013, must attest to completion of a one hour education course on Delaware law, regulation and programs, acceptable to the Secretary, pertaining to the prescribing and distribution of controlled substances on or before June 30, 2015 in order to qualify for continued registration.

3.1.2 All practitioners who obtain new registration under Title 16, Chapter 47 after July 1, 2013 must attest to completion of a one hour education course on Delaware law, regulation and programs, acceptable to the Secretary, pertaining to the prescribing and distribution of controlled substances within the first year of obtaining registration in order to qualify for continued registration.

3.1.3 All practitioners must attest to completion of two hours of continuing education biennially in the areas of controlled substance prescribing practices, treatment of chronic pain, or other topics related to the prescribing of controlled substances.

3.1.4 The Secretary shall periodically review the requirements of paragraphs 3.1.1, 3.1.2, and 3.1.3 to determine adequacy.

3.2 Administrative inspections of controlled premises may be conducted in accordance with the provisions under 16 Del.C. § 4782(b).

3.3 Revocation and Suspension

3.3.1 Revocation of registration by the Federal Government will result in automatic revocation of the State registration.

3.3.2 Proceedings for denying, suspending or revoking a registration shall be held before the Committee. The Committee will forward their recommendation in writing to the Secretary of State for the Secretary's review and decision. Persons complained against may appear personally or by counsel, and may produce any competent evidence in answer to the alleged violation.

3.3.3 Whenever a registration is denied, suspended, or revoked by the Secretary of State, the Secretary of State or the Secretary's designee will reduce in writing the findings and rulings, and the reasons therefor, and forward them to the persons applying for registration or complained against within 15 days of receiving the written recommendation of the Committee. This provision shall in no way stay any such denial, suspension, or revocation. The Secretary of State's decision is final and conclusive. A person aggrieved may file an appeal as provided in 16 Del.C. § 4786.

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