Nothing in this chapter shall be construed to prevent:

(1) A licensed dentist or dental hygienist serving in any branch of the United States Armed Services, Veterans’ Administration or Public Health Service from discharging the dentist’s or dental hygienist’s official duties;

(2) A licensed physician or surgeon from extracting teeth or treating pathological conditions of the mouth, teeth or oral tissues, or from radiographing such tissues, unless such person practices dentistry as a specialty;

(3) A lawful practitioner of dentistry in another state, the District of Columbia or a territory of the United States from making a clinical demonstration for educational purposes before a dental society, convention, association of dentists or dental college or performing duties in connection with a specific case on which the practitioner may have been called to this State by a legally qualified practitioner of dentistry of this State.

(4) A practitioner of dentistry who maintains a lawful dental license to practice in another state, the District of Columbia or a territory of the United States from making a clinical demonstration in connection with the lawful research and development of dental product or dental products manufactured by a dental manufacturer complying with guidelines set forth by the United States Food and Drug Administration.

(5) A person not currently licensed as a dentist under this chapter from owning or operating a nonprofit, tax-exempt organization as described in §§ 501(c)(3), 509(a)(1) and 170(b)(1)(A)(iii) of the Internal Revenue Code (26 U.S.C. §§ 501(c)(3), 509(a)(1), and 170(b)(1)(A)(iii)) so long as such person is not otherwise practicing dentistry.

73 Del. Laws, c. 332, §  2;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 463, §  34;  80 Del. Laws, c. 259, § 1; 

A person not currently licensed as a dentist or dental hygienist under this chapter who engages in the practice of dentistry or dental hygiene or uses in connection with that person’s name, or otherwise assumes or uses, any title or description conveying, or tending to convey, the impression that the person is qualified to practice dentistry or dental hygiene shall be guilty of a misdemeanor. Upon the first offense, the person shall be fined not less than $500 nor more than $1,000 for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000 nor more than $2,000 for each offense. Justice of the Peace Courts shall have jurisdiction over all violations of this section.

73 Del. Laws, c. 332, §  2;  70 Del. Laws, c. 186, §  1; 

(a) No person shall repair, construct, adjust or alter any appliance, denture or dental restoration except under the authorization and responsibility of a licensed practitioner of dentistry as defined by this chapter.

(b) Dentists may have direct supervision of dental assistants.

73 Del. Laws, c. 332, §  2;  77 Del. Laws, c. 463, §  35; 

Pharmacists licensed by this State may fill prescriptions of dentists licensed by this State for any drug necessary in the practice of dentistry, dental surgery or oral surgery.

73 Del. Laws, c. 332, §  2; 

(a) No written prescription shall be prescribed if it does not contain the following information clearly written, clearly hand printed, electronically printed, or typed:

(1) The name, address and phone number of the prescriber;

(2) The name and strength of the drug prescribed;

(3) The quantity of the drug prescribed;

(4) The directions for use of the drug;

(5) Date of issue.

(b) Notwithstanding any other provision of this section or any other law to the contrary, no person licensed under this chapter shall issue any prescription unless such prescription is made by electronic prescription from the person issuing the prescription to a pharmacy in accordance with regulations established by the Board, except for prescriptions issued:

(1) By a veterinarian.

(2) In circumstances where electronic prescribing is not available due to temporary technological or electrical failure, as set forth in regulation established by the Board.

(3) By a practitioner to be dispensed by a pharmacy located outside the State, as set forth in regulations established by the Board.

(4) When the prescriber and dispenser are the same entity.

(5) That include elements that are not supported by the most recently implemented version of the National Council for Prescription Drug Programs Prescriber/Pharmacist Interface SCRIPT Standard.

(6) By a practitioner for a drug that the Federal Food and Drug Administration requires the prescription to contain certain elements that are not able to be prescribed with electronic prescribing.

(7) By a practitioner allowing for the dispensing of a nonpatient specific prescription pursuant to a standing order, approved protocol for drug therapy, collaborative drug management or comprehensive medication management, in response to a public health emergency, or other circumstances where the practitioner may issue a nonpatient specific prescription.

(8) By a practitioner prescribing a drug under a research protocol.

(9) By practitioners who have received a waiver or a renewal thereof for a specified period determined by the Board, not to exceed 1 year, from the requirement to use electronic prescribing, pursuant to regulations established by the Board, due to economic hardship, technological limitations that are not reasonably within the control of the practitioner, or other exceptional circumstance demonstrated by the practitioner.

(10) By a practitioner under circumstances where, notwithstanding the practitioner’s present ability to make an electronic prescription as required by this subsection, such practitioner reasonably determines that it would be impractical for the patient to obtain substances prescribed by electronic prescription in a timely manner, and such delay would adversely impact the patient’s medical condition.

(c) A pharmacist who receives a written, oral or faxed prescription is not required to verify that the prescription properly falls under 1 of the exceptions under subsection (b) of this section, from the requirement to electronically prescribe. Pharmacists may continue to dispense medications from otherwise valid written, oral or fax prescriptions that are otherwise legal.

75 Del. Laws, c. 161, §  2;  82 Del. Laws, c. 75, § 2; 

No person licensed under this chapter shall perform any office-based surgery, as defined in § 122(3)y. of Title 16, in a facility unless such facility is accredited or licensed in accordance with § 122(3)z. of Title 16. For purposes of this section, “facility” and “office-based surgery” mean as defined in § 122(3)y. of Title 16.

78 Del. Laws, c. 80, §  4;  81 Del. Laws, c. 417, § 3;