(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;
Notes of Decisions
Cited in
3
cases (
2 in the last 5 years), 2020–2022 · leading case:
Gala v. Bullock (Del. 2021).
Gala, M.D. v. DE Bd. of Med. Licensure & Discipline (Del. Super. Ct. 2020).
· cites it 8× “* Failure to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels under 16 Del. C. § 4735(b)(1); failure to comply with applicable federal, state or local law under 16 Del.”
Gala v. Bullock (Del. 2021).
· cites it 8× “§ 1731 (“Section 1731”), whereas the Secretary’s disciplinary authority is vested by 16 Del C. § 4735 (“Section 4735”). As such, we group discussion of Gala’s violations as they relate to: (i) Gala’s improper prescribing practices, and (ii) Gala’s unethical relationship with S.”
Cary v. Delaware Sec'y of State (Del. Super. Ct. 2022).
“6 On appeal from the Secretary’s Orders, the Court must determine whether the decision is supported by “substantial evidence” and the agency “made no errors of law.”7 Substantial evidence is “such relevant 4 29 Del.”
— 16 Del. C. § 4735(a) — 1 case
Cary v. Delaware Sec'y of State (Del. Super. Ct. 2022).
“6 On appeal from the Secretary’s Orders, the Court must determine whether the decision is supported by “substantial evidence” and the agency “made no errors of law.”7 Substantial evidence is “such relevant 4 29 Del.”
— 16 Del. C. § 4735(b)(1) — 2 cases
Gala, M.D. v. DE Bd. of Med. Licensure & Discipline (Del. Super. Ct. 2020).
“* Failure to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels under 16 Del. C. § 4735(b)(1); failure to comply with applicable federal, state or local law under 16 Del.”
Gala v. Bullock (Del. 2021).
“§ 1731 (“Section 1731”), whereas the Secretary’s disciplinary authority is vested by 16 Del C. § 4735 (“Section 4735”). As such, we group discussion of Gala’s violations as they relate to: (i) Gala’s improper prescribing practices, and (ii) Gala’s unethical relationship with S.”
— 16 Del. C. § 4735(b)(2) — 2 cases
Gala, M.D. v. DE Bd. of Med. Licensure & Discipline (Del. Super. Ct. 2020).
“* Failure to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels under 16 Del. C. § 4735(b)(1); failure to comply with applicable federal, state or local law under 16 Del.”
Gala v. Bullock (Del. 2021).
“§ 1731 (“Section 1731”), whereas the Secretary’s disciplinary authority is vested by 16 Del C. § 4735 (“Section 4735”). As such, we group discussion of Gala’s violations as they relate to: (i) Gala’s improper prescribing practices, and (ii) Gala’s unethical relationship with S.”
— 16 Del. C. § 4735(b)(6) — 2 cases
Gala, M.D. v. DE Bd. of Med. Licensure & Discipline (Del. Super. Ct. 2020).
“* Failure to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels under 16 Del. C. § 4735(b)(1); failure to comply with applicable federal, state or local law under 16 Del.”
Gala v. Bullock (Del. 2021).
“§ 1731 (“Section 1731”), whereas the Secretary’s disciplinary authority is vested by 16 Del C. § 4735 (“Section 4735”). As such, we group discussion of Gala’s violations as they relate to: (i) Gala’s improper prescribing practices, and (ii) Gala’s unethical relationship with S.”
— 16 Del. C. § 4735(b)(8) — 2 cases
Gala, M.D. v. DE Bd. of Med. Licensure & Discipline (Del. Super. Ct. 2020).
“* Failure to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels under 16 Del. C. § 4735(b)(1); failure to comply with applicable federal, state or local law under 16 Del.”
Gala v. Bullock (Del. 2021).
“§ 1731 (“Section 1731”), whereas the Secretary’s disciplinary authority is vested by 16 Del C. § 4735 (“Section 4735”). As such, we group discussion of Gala’s violations as they relate to: (i) Gala’s improper prescribing practices, and (ii) Gala’s unethical relationship with S.”
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Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.