Delaware Code

16 Del. C. § 4740B (2026)

Use, distribution and education concerning benzodiazepine and non-benzodiazepine hypnotics

✓ laws through the 2025-26 session (checked Sept. 2026)
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(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;