For purposes of this subchapter:

(1) “Pharmacist” means as defined in § 2502 of Title 24.

(2) “Pharmacy” means as defined in § 2502 of Title 24.

(3) “Pharmacy benefits manager” means as defined in § 3302A of this title.

(4) “Substitute” means as defined in § 2502 of Title 24.

81 Del. Laws, c. 378, § 1;  83 Del. Laws, c. 256, § 6;  85 Del. Laws, c. 481, § 3; 

A contract between a pharmacy benefits manager and a pharmacy may not prohibit a pharmacy or pharmacist from doing any of the following:

(1) Providing a patient with information regarding the retail price of a prescription drug or the amount of the cost share for which the patient is responsible for a prescription drug.

(2) Discussing with a patient information regarding the retail price of a prescription drug or the amount of the cost share for which the patient is responsible for a prescription drug.

(3) If a more affordable substitute is available, selling the more affordable substitute to the patient.

81 Del. Laws, c. 378, § 1;  83 Del. Laws, c. 256, § 7; 

(a) A pharmacy benefits manager may not retaliate against a pharmacist or pharmacy for disclosing information in any proceeding if the pharmacist or pharmacy has reasonable cause to believe that the disclosed information is evidence of a violation of a state or federal law, rule, or regulation. Proceedings under this subsection include information disclosed as follows:

(1) To a court.

(2) During an administrative investigation or hearing.

(3) To a legislative commission or committee.

(b) A pharmacy benefits manager may not retaliate against a pharmacist or pharmacy for disclosing information to a government, regulatory, or law-enforcement agency, if the pharmacist or pharmacy has reasonable cause to believe that the disclosed information is evidence of a violation of a state or federal law, rule, or regulation.

(c) A pharmacist or pharmacy shall, to the extent possible, limit the disclosure of confidential and proprietary information when making a disclosure under subsection (a) or (b) of this section.

(d) Retaliatory actions against a pharmacist or pharmacy include the cancellation or restriction of, the refusal to renew, or the refusal to offer a contract solely because the pharmacy or pharmacist has done 1 or more of the following:

(1) Disclosed information under subsection (a) or (b) of this section.

(2) Filed complaints with a pharmacy benefits manager.

(3) Filed complaints against an insurer or pharmacy benefits manager with the Department.

(4) Filed an appeal with the Commissioner under § 3324A(h) of this title.

(e) If a contract entered into, amended, extended, or renewed after December 31, 2026, includes a provision that prohibits a disclosure permitted under this section, that provision is against public policy and is void and unenforceable.

85 Del. Laws, c. 481, § 3;