Rep. Debra Heffernan

This Act replaces existing Chapter 83 of the Delaware Insurance Code and sets forth the permissible uses of credit information in rating personal insurance. This Act also prohibits insurance companies from increasing rates on current customers solely for having reached the age of 75 or above or for having a change in marital status due to the death of a spouse. This Act is substituted for House Bill No. 80 and differs from House Bill No. 80 by removing the required and optional rating-factors lists and the required offering of a good driver discount plan in lieu of provisions which more clearly define how insurance companies may use credit information and insurance scores in calculating their rates.

ABLE accounts are special savings accounts established for certain persons with disabilities. This bill clarifies the treatment of funds in an ABLE account upon the death of a designated beneficiary. Specifically it prohibits State agencies or instrumentalities from clawing back from the ABLE account any funds it has expended on behalf of a designated beneficiary.

This bill removes the notary requirement for requests for absentee ballots. Delaware is the only state that requires a notary to authorize a voter's affidavit for an absentee ballot. In some cases, the potential voter may have to pay for the notary and Delaware essentially charges them to vote.

This bill sets forth a framework for the licensing, regulation and inspection of business establishments that provide massage and bodywork services. This bill places oversight of any business offering massage services in the hands of the Board of Massage and Bodywork. Specifically, it defines “massage establishment,” and grants authority to the Board of Massage and Bodywork to grant or deny licensure of such establishments and adopt regulations pertaining to the licensure, maintenance and standards to be applied to such establishments. It provides authority for the Division or Professional Regulation to inspect such establishments without any advance notice or concurrent criminal investigation. This bill imposes criminal and civil penalties, including injunctive relief, fines, and imprisonment, for the unlicensed practice of massage and bodywork and the operation of an unlicensed massage establishment.

This Bill clarifies that every prescriber holding a controlled substance registration must be registered with the Prescription Monitoring Program. Further, prescribers who receive a CSR (controlled substances registration) for the first time must register with the Prescription Monitoring Program within 90 days.

This bill requires the Division of Public Health and the Department of Education to collaborate with local school districts to find ways to help improve the indoor environment in schools. The bill also requires the Division of Public Health to establish an online portal on the DHSS website through which it will provide technical expertise and exchange information with local school districts in order to help improve the air quality and overall indoor environment in schools. The bill also requires the Department of Education to notify local school districts of the portal every year.

This Act provides greater clarity of language, condenses duplicative statutes and deletes statues that are irrelevant to daily operations of the Professional Licensing Section’s regulation of private security, private investigative and armored car agencies.

Under this Act, a pharmacist who dispenses narloxone under an established set of circumstances is not subject to disciplinary or other adverse action under any professional licensing statute or criminal liability, or liable for damages related to injuries or death sustained in connection with administering the drug, unless it is established that the pharmacist caused the injuries or death wilfully, wantonly, or by gross negligence.

This bill eliminates the sunset provision on the “at-store” recycling program for plastic bags. The program established in 2009 included a sunset provision until 2014. In 2014, the General Assembly extended that sunset provision to 2017. This bill eliminates the sunset provision permanently to encourage the continued routine for consumers to recycle plastic bags through “at-store” programs. The bill will also require all stores subject to the requirements of this section to register by June 30, 2018, and provide information to DNREC regarding compliance on a form to be provided by DNREC.

This Bill adds 3,4-dichloro-N-[2-(dimethylamino)cyclohexyl]-N-methylbenzamide (U-47700) to Schedule I of the Uniform Controlled Substances Act. U-47700, also known as “Pink,” is a synthetic opioid recently encountered by law enforcement and public health officials and is being abused for its opioid properties. It is available over the Internet and is marketed as a “research chemical.” The safety risks to users are significant and the public health risks include large numbers of drug treatment admissions, emergency room visits and fatal overdoses. On November 14, 2016, the Federal Drug Enforcement Agency temporarily placed U-47700 in Schedule I for a two-year period, finding that this synthetic opioid has a high potential for abuse, no currently accepted medical use in treatment in the United States and lacks accepted safety for use under medical supervision. By Emergency Order dated December 15, 2016, the Secretary of State temporarily placed U-47700 in Schedule I. This Order is effective for 120 days. The permanent addition of U-47700 to Schedule I is required in the interest of public protection.