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Legislation Document
SPONSOR:
Rep. Snyder-Hall & Sen. Cruce
Reps. Morrison, Neal
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE BILL NO. 403
AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO OPIOID ANTAGONISTS AND THE SALE OF ALCOHOL.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 7, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 731. Opioid antagonist requirement.
(a) A taproom or tavern must have at least 2 working opioid antagonists, as defined in § 3002G of Title 16, on its premises, in an area known and accessible to any person working there who prepares, sells, or delivers alcoholic liquor for patrons.
(b) A lay individual who administers an opioid antagonist to an individual in the taproom or tavern is rendering emergency care and is exempt from liability under § 6801 of Title 16.
Section 2. Amend § 1204, Title 4 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1204. Training standards and curriculum.
(a) In order to be recognized and approved by the Alcoholic Beverage Control Commissioner, a responsible alcoholic beverage server training program
shall
must
include, but need not be limited to,
include
providing information related to the following:
(1) Alcohol as a drug and its effects on the body and behavior, especially as to driving
ability;
ability.
(2) Effects of alcohol in combination with commonly used legal prescription or nonprescription drugs and illegal
drugs;
drugs.
(3) Recognizing the problem drinker and the identification of community treatment programs and
agencies;
agencies.
(4) Applicable Delaware alcoholic beverage control laws and Alcoholic Beverage Control Commissioner
rules;
rules.
(5) Delaware laws related to drinking and
driving;
driving.
(6) Intervention techniques, involving methods of dealing with the problem customer who has had, or is approaching the point of having had, too much to
drink;
drink.
(7) Advertising,
promotion
promotion,
and marketing of alcoholic beverages for safe and responsible drinking patterns and standard operating procedures for dealing with customers.
(8) Instructions on how to administer an opioid antagonist in the case of an emergency. For purposes of this paragraph, “opioid antagonist” means as defined in § 3002G of Title 16.
Section 3. This Act takes effect 1 year after its enactment into law.
SYNOPSIS
This Act requires taprooms and taverns to keep at least 2 working opioid antagonists on the premises at all times. It also requires employees who sell alcohol to receive training in the use of opioid antagonists in an emergency as part of State-mandated training.
This Act also confirms that an employee of a taproom or tavern who administers an opioid antagonist to a patron is exempt from civil liability if acting in good faith and not wilfully, wantonly, recklessly, or with gross negligence.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.