Section 2523 - ExemptionsNothing 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; andd. 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.Amended by Laws 2023, ch. 158,s 2, eff. 8/9/2023.24 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.;Section 3 of the 2023 amending legislation provides that this Act is known as "The Topical Medical Waste Reduction Act".