AN ACT TO AMEND TITLE 16 AND TITLE 24 OF THE DELAWARE CODE RELATING TO PHARMACY AND PHARMACISTS.

Added Subchapter VIII (Pharmacist Scope of Practice) to Chapter 25, Title 24, establishing 14 specific activities pharmacists are authorized to perform, including administering immunizations, performing capillary blood tests, dispensing contraceptives, ordering FDA-authorized tests, initiating drug therapy, collaborative practice, and HIV pre/post-exposure prophylaxis.

Changed from a Senate Amendment modifying an existing bill into a standalone Senate Bill with its own title, sections, and effective date provisions. Added co-sponsors (Rep. K. Johnson, Rep. Minor-Brown) and additional supporting legislators.

Added Section 2566 granting pharmacists independent prescriptive authority for over-the-counter products, under collaborative agreements, for opioid antagonists, and for certain non-controlled drug categories/devices limited to conditions that do not require a new diagnosis, are minor and self-limiting, or have a guiding diagnostic test. Pharmacists may not prescribe controlled substances except as provided in Section 2568.

Added Section 2568 allowing pharmacists to prescribe controlled substances approved by the FDA for opioid use disorder treatment under a standing order from the Division of Public Health.

Added Section 2567 requiring continuity-of-care documentation including use of systems like the Delaware Health Information Network (DHIN) to document assessments, clinical findings, plans of care, and treatment; communication with primary care providers; and processes for patients without a primary care provider.

Removed the malpractice reporting requirement that would have required pharmacists and their insurance carriers to notify the Board of Pharmacy in writing within 30 days of any settled or adjudicated medical malpractice claim against a pharmacist.

Added 'pharmacist' to the definition of 'practitioner' in Section 4701, Title 16 (Uniform Controlled Substances Act), enabling pharmacists to be recognized as practitioners for purposes of controlled substance distribution and administration.

Added a comprehensive definition of 'practice of pharmacy' in Section 2502, Title 24 (paragraphs 23 and 33) covering drug utilization reviews, therapeutic drug selection, patient counseling, capillary blood tests, immunization administration with DelVAX reporting within 72 hours, contraceptive dispensing, FDA-authorized testing, drug therapy initiation, collaborative practice, and HIV prophylaxis. Two versions are included: one effective until June 30, 2026, and one effective from that date forward.

Added Section 5 providing the Act takes effect immediately but implementation is delayed until the earlier of one year from enactment or publication of final Board of Pharmacy regulations in the Register of Regulations.