reglab/housing_qa huggingface dataset:
16 DE Code § 4735. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter III. Regulation of Manufacture, Distribution and Dispensing of Controlled Substances|§ 4735. Investigations; written complaints; grounds for limitation, suspension or revocation of registration.

§ 4735. Investigations; written complaints; grounds for limitation, suspension or revocation of registration. (a) All complaints shall be received and investigated by the Division of Professional Regulation in accordance with § 8735 of Title 29, and the Division of Professional Regulation shall be responsible for issuing a final written report at the conclusion of its investigation. (b) The Secretary, after due notice and hearing may limit, suspend, fine or revoke the registration of any registrant who:  (1) Has failed to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels; (2) Has failed to comply with applicable federal, state or local law; (3) Has been convicted under any federal or state law relating to any controlled substances; (4) Has furnished any false or fraudulent material in any application filed under this chapter; (5) Has had any federal registration to manufacture, distribute, prescribe, dispense or research controlled substances as authorized by federal law suspended or revoked; (6) Has violated a provision of this chapter, or violated an order or rule of the Secretary related to controlled substances; (7) Has been disciplined by a professional licensing board in any jurisdiction; or (8) Has engaged in any conduct the Secretary finds to be relevant and inconsistent with the public interest. (c) The Secretary may limit revocation or suspension of a registration to particular controlled substances. (d) The Secretary may fine any registrant in an amount not to exceed $1,000 per violation of this chapter or the rules promulgated hereunder. (e) If the Secretary suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court upon application therefore orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited to the State. (f) The Secretary shall promptly notify the Administration of all orders suspending or revoking registration and all forfeitures of controlled substances. 16 Del. C. 1953, §  4735;  58 Del. Laws, c. 424, §  1;  60 Del. Laws, c. 583, §  5;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 164, §  1;
16 DE Code § 4736. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter III. Regulation of Manufacture, Distribution and Dispensing of Controlled Substances|§ 4736. Hearings before the Secretary; subpoenas; judicial review.

§ 4736. Hearings before the Secretary; subpoenas; judicial review. (a) Any registrant complained against under this chapter may appear personally or by counsel at the hearing and produce any competent evidence on the registrant's behalf in answer to the complaint. Hearings shall be conducted in accordance with the Administrative Procedures Act [Chapter 101 of Title 29]. The Secretary shall be authorized to administer oaths, examine witnesses and issue notices of hearings or subpoenas requiring the testimony of witnesses and the production of books, records or other documents relevant to any matter involved in such hearing, and subpoenas shall also be issued at the request of the applicant or person complained against. In case of contumacy or refusal to obey a notice of hearing or subpoena under this section, the Superior Court in the county in which the hearing is held shall have jurisdiction, upon application of the Secretary to issue an order requiring such person to appear and testify or produce evidence as the case may require. (b) Any registrant aggrieved by a decision of the Secretary to deny, suspend, limit, revoke or refuse to renew registration under this chapter may appeal such decision to Superior Court. Such appeal shall be governed by the Administrative Procedures Act. When notified of an appeal under this section, the Secretary shall forward to Superior Court a certified and complete copy of the written transcripts of evidence adduced at the hearing before the Secretary together with a written copy of the Secretary's findings and rulings and the Secretary's reasons therefor. 16 Del. C. 1953, §  4735;  58 Del. Laws, c. 424, §  1;  70 Del. Laws, c. 186, §  1;  79 Del. Laws, c. 164, §  1;
16 DE Code § 4737. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter III. Regulation of Manufacture, Distribution and Dispensing of Controlled Substances|§ 4737. Temporary suspension.

§ 4737. Temporary suspension. (a) In the event of a formal or informal complaint concerning the activity of a registrant that alleges an imminent danger to the public health, safety or welfare, the Secretary may temporarily suspend any registration, pending a hearing, by written order. An order temporarily suspending a registration may not be issued unless the registrant or the registrant's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the registrant or the registrant's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended registrant requests a continuance of the hearing date. If the temporarily suspended registrant requests a continuance, the order of temporary suspension remains in effect until the conclusion of all proceedings. (b) A registrant whose registration has been temporarily suspended pursuant to this section must be notified of the temporary suspension immediately and in writing. Notification consists of a copy of the complaint and the order of temporary suspension pending a hearing personally served upon the registrant or registrant's counsel or sent by certified mail, return receipt requested, to the registrant's last known address. The Secretary will hold a hearing on the complaint giving rise to the temporary suspension within 60 days of the date of the issuance of the order of temporary suspension. (c) A registrant whose registration has been temporarily suspended pursuant to this section may request an expedited hearing. The Secretary shall schedule the hearing within 15 days of receipt of any expedited hearing request, provided that the request is received within 5 calendar days from the date the registrant received notification of the decision to temporarily suspend the registration. 79 Del. Laws, c. 164, §  1;
16 DE Code § 4738. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter III. Regulation of Manufacture, Distribution and Dispensing of Controlled Substances|§ 4738. Records of registrants; order forms.

§ 4738. Records of registrants; order forms. (a) Persons registered to prescribe, manufacture, distribute or dispense controlled substances under this chapter shall keep records and maintain inventories in conformance with the record-keeping and inventory requirements of federal and state law and with any rules the Secretary issues. (b) Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with federal law respecting order forms shall be deemed compliance with this section. 16 Del. C. 1953, §§  4736, 4737;  58 Del. Laws, c. 424, §  1;  60 Del. Laws, c. 583, §  5;  79 Del. Laws, c. 164, §  1;
16 DE Code § 4739. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter III. Regulation of Manufacture, Distribution and Dispensing of Controlled Substances|§ 4739. Prescriptions [For application of the section, see 79 Del. Laws, c. 409, § 3].

§ 4739. Prescriptions [For application of the section, see 79 Del. Laws, c. 409, § 3]. (a) Except when dispensed directly by a practitioner other than a pharmacy to an ultimate user, no controlled substance in Schedule II may be dispensed without the written prescription of a practitioner. (b) In emergency situations, as defined by rule of the Secretary, Schedule II drugs may be dispensed upon oral prescription of a practitioner, reduced promptly to writing and filed by the pharmacy. Prescriptions shall be retained in conformity with the requirements of this chapter. No prescription for a Schedule II substance may be refilled. (c) Except when dispensed directly by a practitioner other than a pharmacy to an ultimate user, a controlled substance included in Schedule III or IV which is a prescription drug shall not be dispensed without a written or oral prescription of a practitioner. The prescription shall not be filled or refilled more than 6 months after the date thereof or be refilled more than 5 times, unless renewed by the practitioner. (d) A controlled substance included in Schedule V shall not be distributed or dispensed other than for a medical purpose. (e) An ultimate user shall be permitted to prohibit or limit a person other than the ultimate user from receiving a prescription on the ultimate user's behalf from a pharmacy. 16 Del. C. 1953, §  4738;  58 Del. Laws, c. 424, §  1;  60 Del. Laws, c. 583, §  5;  79 Del. Laws, c. 164, §  1;  79 Del. Laws, c. 409, §  1;
16 DE Code § 4739A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter III. Regulation of Manufacture, Distribution and Dispensing of Controlled Substances|§ 4739A. Practitioners.

§ 4739A. Practitioners. Except for pharmacies, opioid treatment programs (also known as methadone clinics), veterinarians and persons licensed, registered, or otherwise authorized to conduct research, no practitioner shall dispense controlled substances beyond the amount deemed medically necessary for a 72-hour supply. 79 Del. Laws, c. 92, §  2;  80 Del. Laws, c. 5, §  1;
16 DE Code § 4740A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter III. Regulation of Manufacture, Distribution and Dispensing of Controlled Substances|§ 4740A. Sale of dextromethorphan.

§ 4740A. Sale of dextromethorphan. (a) Age limit on sale of dextromethorphan. — (1) No commercial entity shall knowingly or wilfully sell or trade a finished drug product containing any quantity of dextromethorphan to a person less than 18 years of age. (2) No person who is less than 18 years of age shall purchase a finished drug product containing any quantity of dextromethorphan. (3) Any person making a retail sale of a finished drug product containing any quantity of dextromethorphan shall require and obtain proof of age from the purchaser before completing the sale, unless from the purchaser's outward appearance the person making the sale would reasonably presume the purchaser to be at least 25 years of age. (b) Limitations. — (1) Nothing in this section shall be construed to impose any compliance requirement on a retail entity other than manually obtaining and verifying proof of age as a condition of sale, including placement of products in a specific place within a store, restrictions on a consumer's direct access to finished drug products, and maintenance of transaction records. (2) This section shall not apply to a medication containing dextromethorphan that is sold pursuant to a valid prescription. (c) Penalties. — Any manufacturer, distributor, retailer, or wholesaler that sells or trades dextromethorphan in violation of this section shall receive a warning letter from the Office of Controlled Substances for the first violation and thereafter be subject to a civil penalty issued by the Office of Controlled Substances in the amount of:  (1) Not more than $150 for a second violation; or (2) Not more than $250 for a third or any subsequent violations.80 Del. Laws, c. 264, §  2;
16 DE Code § 4740B. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter III. Regulation of Manufacture, Distribution and Dispensing of Controlled Substances|§ 4740B. Use, distribution and education concerning benzodiazepine and non-benzodiazepine hypnotics.

§ 4740B. Use, distribution and education concerning benzodiazepine and non-benzodiazepine hypnotics. (a) Obligations of the Secretary. — 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.81 Del. Laws, c. 410, § 2;
16 DE Code § 4741. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter III-A. Safe Internet Pharmacy Act|§ 4741. Short title.

§ 4741. Short title. This subchapter shall be known as the “Safe Internet Pharmacy Act.” 76 Del. Laws, c. 410, §  1;
16 DE Code § 4742. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter III-A. Safe Internet Pharmacy Act|§ 4742. Legislative findings and intent; construction of this subchapter.

§ 4742. Legislative findings and intent; construction of this subchapter. The General Assembly has determined that the sale and delivery of prescription drugs by internet sites which are not licensed pharmacies and which dispense prescription drugs to patients without the existence of a bona fide patient-practitioner relationship constitutes an extreme danger to the safety and welfare of Delaware residents. The General Assembly has also determined that existing laws are not sufficiently punitive to deter these internet sites, and the unscrupulous practitioners and pharmacists who help them, from unlawfully selling and delivering prescription drugs to the residents of this State. The intent of this subchapter is to completely stop these rogue internet pharmacies from delivering prescription drugs into this State and, therefore, the provisions of this subchapter shall be liberally construed to effect its remedial purpose. 76 Del. Laws, c. 410, §  1;
16 DE Code § 4743. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter III-A. Safe Internet Pharmacy Act|§ 4743. Definitions.

§ 4743. Definitions. The following definitions shall be applicable to this subchapter:  (1) “Board” means the Delaware State Board of Pharmacy; (2) “Delaware patient” means any person residing within or outside of this State who requests an internet pharmacy deliver a prescription drug order to a location within this State; (3) “Electronic mail” or “e-mail” shall mean any message transmitted through the Internet including, but not limited to, messages transmitted to or from any address affiliated with an internet site; (4) “Internet” means collectively the international network of interconnected government, educational and commercial computer networks, including equipment and operating software; (5) “Internet pharmacy” means any person or entity maintaining an internet site which solicits or receives, or offers to solicit or receive, prescription drug orders to be dispensed and delivered to patients, including Delaware patients, by means of the United States Postal Service or any other delivery service. The term “internet pharmacy” does not include a pharmacy which has been issued a valid permit or license by the Board; (6) “Internet site” means a specific location on the internet that is determined by internet protocol numbers, domain name, or both, including, but not limited to, domain names that use the designations “.com,” “.edu,” “.gov,” “.net” and “.org.” (7) “Licensed Delaware pharmacist” means a pharmacist licensed by the Board to engage in the practice of pharmacy in this State; (8) “Link,” with respect to the Internet, means 1 or more letters, words, numbers, symbols, or graphic items that appear on a page of an internet site for the purpose of serving, when activated, as a method for executing an electronic command:  a. To move from viewing 1 portion of a page on such site to another portion of the page; or b. To move from viewing 1 page on such site to another page on such site; or c. To move from viewing a page on 1 internet site to a page on another internet site.76 Del. Laws, c. 410, §  1;  78 Del. Laws, c. 13, §§  30, 31;
16 DE Code § 4745. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter III-A. Safe Internet Pharmacy Act|§ 4745. Seizure of unlawfully delivered prescription drugs.

§ 4745. Seizure of unlawfully delivered prescription drugs. (a) Any prescription drug which is ordered, sold, dispensed or delivered in violation of this subchapter is hereby declared to be contraband and may be seized by any peace officer authorized to enforce the provisions of this subchapter. (b) Any prescription drugs seized pursuant to this subchapter shall be subject to forfeiture pursuant to the provisions and procedures set forth in § 4784 of this title. 76 Del. Laws, c. 410, §  1;
16 DE Code § 4751A. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter IV. Offenses and Penalties|§ 4751A. Aggravating factors related to drug offenses.

§ 4751A. Aggravating factors related to drug offenses. For the purposes of this subchapter:  (1) Each of the following is an “aggravating factor” within the meaning of the offenses in this subchapter:  a. The offense was committed within a protected school zone, as defined in § 4701 of this title. b.-d. [Repealed.] e. The defendant, during or immediately following the commission of any offense in this did 1 of the following:  1. Intentionally prevented or attempted to prevent a law-enforcement officer, as defined in § 222 of Title 11, from effecting an arrest or detention of the defendant by use of force or violence towards the law-enforcement officer. 2. Intentionally fled in a vehicle from a law-enforcement officer, as defined in § 222 of Title 11, while the law-enforcement officer was effecting an arrest or detention of the defendant, thereby creating a substantial risk of physical injury to other persons. (2) When a defendant is alleged to have committed an offense under this subchapter with an aggravating factor under paragraph (1)e.1. of this section, the defendant may be charged with resisting arrest under § 1257 of Title 11 or the offense to which the aggravating factor applies, but not both. (3) For an aggravating factor under paragraph (1)a. of this section to be charged, a defendant must commit the conduct of an offense under this subchapter in a protected school zone. The aggravating factor under paragraph (1)a. of this section may not be charged if a defendant commits the conduct of an offense under this subchapter outside a protected school zone but is arrested in a protected school zone.78 Del. Laws, c. 13, §  33;  70 Del. Laws, c. 186, §  1;  82 Del. Laws, c. 217, § 2;  83 Del. Laws, c. 246, § 1;
16 DE Code § 4751D. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter IV. Offenses and Penalties|§ 4751D. Knowledge of weight or quantity not an element of the offense; proof of weight or quantity.

§ 4751D. Knowledge of weight or quantity not an element of the offense; proof of weight or quantity. (a) In any prosecution under this subchapter, in which the weight or quantity of a controlled substance is an element of the offense, the State need not prove that the defendant had any knowledge as to the weight or quantity of the substance possessed. The State need only prove that the defendant knew that the substance was possessed; and, that the substance was that which is alleged, and that the substance weighed a certain amount or was in a certain quantity. (b) In any prosecution under this subchapter, in which the quantity of a controlled substance is an element of the offense, and the controlled substance is alleged to be a “prescription drug'' as defined in § 4701 of this title, and the alleged prescription drug consists of multiple doses that appear to be substantially identical, evidence that a chemist or other qualified witness properly tested one dose, and found the presence of a controlled substance, shall be prima facie evidence that the “substantially identical doses'' each contained the controlled substance that is a prescription drug for purposes of determining whether the State has proven the number of doses constituting the Tier quantities set forth in § 4751C(2)j. or (3)j. of this title. Nothing in this subsection precludes the right of any party to introduce any evidence supporting or contradicting evidence offered pursuant to this subsection. (c) The identity or composition of a controlled substance, or a mixture containing a controlled substance, may be established by utilizing a hypergeometric sampling plan or other scientifically accepted methodology. 78 Del. Laws, c. 13, §  36;  80 Del. Laws, c. 38, §  1;  80 Del. Laws, c. 264, §  1;  82 Del. Laws, c. 217, § 5;
16 DE Code § 4752. (2021)
2021 Delaware Code|Title 16 - Health and Safety|Chapter 47. Uniform Controlled Substances Act|Subchapter IV. Offenses and Penalties|§ 4752. Drug dealing or possession; class B felony.

§ 4752. Drug dealing or possession; class B felony. (a) Except as authorized by this chapter, it is unlawful for any person to do any of the following:  (1) Manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance in a Tier 3 quantity. (2) Possess a controlled substance in a Tier 3 quantity. (3) Manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance in a Tier 2 quantity and an aggravating factor applies. (b) Violation of subsection (a) of this section is a class B felony. 78 Del. Laws, c. 13, §  38;  82 Del. Laws, c. 217, § 6;