(a) A practitioner prescribing a drug to be prepared and dispensed by a pharmacist in this State for the use of a patient or any third person must, as part of the prescription, include directions describing the exact method by which the drug must be taken or administered. A prescription without specific directions, or a prescription bearing the notation “as directed” without specific directions, may not be prepared or dispensed.

(b) A pharmacist shall affix to every container in which a drug is dispensed a label containing the following information:

(1) Prescription number;

(2) The date the prescription is dispensed;

(3) Patient’s full name;

(4) Brand or established name and strength of the drug to the extent that it can be measured;

(5) Practitioner’s directions as found on the prescription;

(6) Practitioner’s name;

(7) Name and address of the dispensing pharmacy or practitioner.

(c) Practitioners who, for good reason, do not wish to reveal the name or strength of the drug prescribed to the patient shall so inform the pharmacist by a notation on the face of the prescription. However, practitioners who sell drugs directly to patients shall label all such drugs in accordance with this section with the exception of a prescription number. Practitioners who dispense drugs directly to patients shall label all drugs or provide a document including the following information:

(1) The patient’s full name;

(2) The date the drugs were dispensed to the patient;

(3) The practitioner’s name;

(4) The practitioner’s directions.

(d) No pharmacist shall fail to dispense a prescription because it is not clearly written and/or lacks information required by this title without first making a reasonable effort to contact the practitioner who issued the prescription to gather the clear and complete information.

24 Del. C. 1953, §  2563;  58 Del. Laws, c. 244, §  2;  68 Del. Laws, c. 206, §  1;  75 Del. Laws, c. 101, §  1;  75 Del. Laws, c. 415, §§  1, 2;  76 Del. Laws, c. 167, §  1; 

Nothing in this chapter may be construed to prevent any of the following:

(1) A student or graduate of an accredited school of pharmacy from receiving practical training pursuant to an internship or other approved program under the supervision of a pharmacist in this State;

(2) A pharmacy technician or certified pharmacy technician from performing under the direct supervision of a pharmacist the delegated functions permitted under the rules and regulations of the Board and not inconsistent with this chapter;

(3) A practitioner licensed under the laws of this State to practice within the scope of that practitioner’s license;

(4) The selling at retail of over-the-counter products;

(5) A business not licensed as a pharmacy to sell gases that are used for medicinal purposes and which require a prescription, provided that:

a. The business is registered with the Board;

b. The sale is authorized by a written order or by a verbal order reduced to writing from a practitioner;

c. The record of the written order or of the verbal order reduced to writing is maintained on the premises of the business for at least 2 years; and

d. The gas product is stored and dispensed according to requirements established by the Board.

(6) The sale of noncontrolled prescription drugs designated for veterinary use by a business not licensed as a pharmacy, provided that the business is registered with the Board and the sale is authorized by a written order or by a verbal order reduced to writing from a licensed veterinarian.

(7) A pharmacist in this State from dispensing a valid noncontrolled prescription drug pursuant to a prescription received via electronic transmission from a practitioner’s office to the prescription department of the dispensing pharmacy.

(8) Pharmacist selection of appropriate dosage forms, concentrations, equivalent strengths or routes of administration of medications.

(9) a. A practitioner from dispensing the unused portion of practitioner-dispensed medication to the patient upon discharge or the conclusion of the visit if the practitioner-dispensed medication is labeled consistent with the requirements under § 2522 of this title and required for continuing treatment. If the practitioner-dispensed medication is used in an operating room or emergency department, the practitioner must counsel the patient on the proper use and administration of the drug.

b. A practitioner who fails to comply with paragraph (9)a. of this section is subject to disciplinary sanction under this title.

24 Del. Laws, c. 140, §  1;  Code 1915, §  862;  Code 1935, §  942;  24 Del. C. 1953, §  2521;  64 Del. Laws, c. 452, §  1;  68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 161, §  9;  75 Del. Laws, c. 260, §§  1, 2;  76 Del. Laws, c. 167, §  1;  84 Del. Laws, c. 158, § 2; 

The Division shall set fees to defray registration costs, costs for maintaining registries required under this chapter, and the costs of replacing lost or destroyed licenses and permits.

24 Del. Laws, c. 140, §§  9, 12;  24 Del. Laws, c. 141, §§  1, 2;  Code 1915, §§  858, 861, 868;  28 Del. Laws, c. 62;  29 Del. Laws, c. 55;  36 Del. Laws, c. 103, §  1;  Code 1935, §§  938, 941, 948;  43 Del. Laws, c. 95, §  1;  45 Del. Laws, c. 90, §  3;  46 Del. Laws, c. 95, §  3;  24 Del. C. 1953, §§  2503, 2506, 2507;  53 Del. Laws, c. 90, §§  4, 272;  53 Del. Laws, c. 108, §  27;  55 Del. Laws, c. 316, §  3;  62 Del. Laws, c. 251, §§  1, 4, 5;  64 Del. Laws, c. 452, §  2;  65 Del. Laws, c. 378, §  2;  68 Del. Laws, c. 206, §  1;  74 Del. Laws, c. 262, §  43;  76 Del. Laws, c. 167, §  1; 

(a) Pursuant to a statewide written protocol approved by the Division of Public Health, a pharmacist may order, test, screen, and treat health conditions that include all of the following:

(1) Influenza.

(2) Group A streptococcus pharyngitis.

(3) SARS-COV-2 or other respiratory illness, condition, or disease.

(4) Lice.

(5) Skin conditions, including ringworm and athlete’s foot.

(6) Other emerging and existing public health threats identified by the Division of Public Health if permitted by an order, rule, or regulation.

(b) A pharmacist who orders, tests, screens, or treats health conditions under this section may use any test that may guide clinical decision making that is waived under the federal Clinical Laboratory Improvement Amendments of 1988 [42 U.S.C. § 263a], or the federal rules adopted thereunder, or any established screening procedure that is established via a statewide protocol.

(c) A pharmacist may delegate the administrative and technical tasks of performing a test waived by the federal Clinical Laboratory Improvement Amendments of 1988 to an intern or pharmacy technician acting under the supervision of the pharmacist.

(d) Prohibit the denial of reimbursement under health benefit plans for services and procedures performed by a pharmacist that are within the scope of the pharmacist’s license and would be covered if the services or procedures were performed by a physician, an advanced practice nurse, or physicians assistant.

83 Del. Laws, c. 439, § 1; 

(a) Pursuant to a statewide written protocol approved by the Division of Public Health, a pharmacist may initiate, dispense, or administer medications for HIV pre-exposure prophylaxes and for HIV post-exposure prophylaxis, which includes administering laboratory tests, conducting assessments and consultations, and providing referrals,

(b) When initiating therapy for and administering or dispensing HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis under a statewide protocol, a pharmacist must complete a training program approved by the Board within 1 year prior to first-time initiating therapy and administering or dispensing HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis. The training program must include information about all of the following:

(1) Financial assistance programs for HIV pre-exposure prophylaxis and HIV post-exposure prophylaxis.

(2) Relevant federal guidelines regarding HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis.

(c) When initiating therapy for and administering or dispensing HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis to a new patient, a pharmacist may not allow the patient to waive consultation for HIV pre-exposure prophylaxis or HIV post-exposure prophylaxis.

(d) HIV pre-exposure prophylaxis. — (1) Under a statewide protocol, a pharmacist may dispense between a 30-day and 60-day supply of HIV pre-exposure prophylaxis if the all of the following apply:

a. The patient is HIV-negative as documented by a negative HIV test result obtained within the previous 7 days from a test approved by the U.S. Food and Drug Administration.

b. The patient does not report any of the following:

1. Any signs or symptoms of acute HIV infection on a self-reported checklist of acute HIV infection signs and symptoms.

2. Usage of any contraindicated medication.

c. The pharmacist provides counseling to the patient on the ongoing use of HIV pre-exposure prophylaxis, which must include education about all of the following:

1. Side effects.

2. Safety during pregnancy and breastfeeding.

3. Adherence to recommended dosing.

4. The importance of timely testing and treatment for HIV, renal function, hepatitis B, hepatitis C, sexually-transmitted infections, and pregnancy for individuals of childbearing capacity.

5. The requirement for subsequent prescriptions for HIV pre-exposure prophylaxis issued by a primary-care provider.

d. To the extent possible, the pharmacist documents the services provided by the pharmacist in the patient record system shared with the primary-care provider.

(2) If the test results from a test under paragraph (d)(1)a. of this section are not sent directly to the pharmacist, the pharmacist must verify the test results.

(3) If the patient tests positive for HIV infection from a test under paragraph (d)(1)a. of this section, the pharmacist shall do the following and document in the patient’s record which of the following was done:

a. If the patient has a primary-care provider, send the result of the test to the patient’s primary-care provider after obtaining written permission from the patient to do so.

b. If the patient does not give written permission under paragraph (d)(3)a. of this section or if the patient does not have a primary-care provider, provide a list of providers and clinics in the region that provide care for patients with HIV.

(4) If the patient does not provide evidence of a negative HIV test under paragraph (d)(1)a. of this section, the pharmacist shall initiate and administer an HIV test and interpret the test results prior to initiating any treatment under this subsection.

(e) HIV post-exposure prophylaxis. — (1) Under a statewide protocol, a pharmacist may dispense a course of HIV post-exposure prophylaxis if the pharmacist does all of the following:

a. Screens the patient and determines that the exposure to HIV occurred within the previous 72 hours.

b. Provides HIV testing or determines that the patient is 1 of the following:

1. Willing to undergo HIV testing consistent with federal guidelines.

2. Unwilling to undergo HIV testing but otherwise eligible for HIV post-exposure prophylaxis.

c. Provides counseling to the patient on the ongoing use of HIV post-exposure prophylaxis, which must include education about all of the following:

1. Side effects.

2. Safety during pregnancy and breastfeeding.

3. Adherence to recommended dosing.

4. The importance of timely testing and treatment for HIV, renal function, hepatitis B, hepatitis C, sexually-transmitted infections, and pregnancy for individuals of childbearing capacity.

5. The availability of HIV pre-exposure prophylaxis for a person who is at a substantial risk of acquiring HIV.

d. To the extent possible, documents the services provided by the pharmacist in the patient record system shared with the primary-care provider.

84 Del. Laws, c. 424, § 1;