TITLE 24

Professions and Occupations

CHAPTER 25. PHARMACY

Subchapter III. Miscellaneous provisions


(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:

(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.

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.;

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.;