1. (a) A pharmacist may dispense an emergency supply of a noncontrolled drug to a patient whose refill authorization has expired if:

   1. (1) The supply dispensed is the minimum needed for the emergency period;
   2. (2) The pharmacist has attempted to reach the prescribing practitioner and has determined that the prescribing practitioner is not available;
   3. (3) The medication is, in the pharmacist’s professional judgment, essential for the continuation of therapy for a chronic condition; and
   4. (4) The prescription was originally dispensed at the pharmacy.

2. (b) If a pharmacist dispenses an emergency supply of a noncontrolled drug pursuant to subsection (a) of this section:

   1. (1) The refill date, quantity dispensed, and pharmacist’s initials must appear on the patient profile; and
   2. (2) The prescribing practitioner must be notified either in writing or verbally about the pharmacist’s action, and the date of the notification must be documented on the patient profile.
3. (c) A prescription may be refilled with an emergency supply pursuant to this section only 1 time.

68 Del. Laws, c. 206, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. 167, § 1