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

1. (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. (2) A pharmacy intern, or a pharmacy student participating in an approved college of pharmacy coordinated practical experience program under the direct supervision of a licensed pharmacist, from performing the functions permitted under the rules and regulations of the Board and not inconsistent with this chapter.
3. (3) 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.
4. (4) A practitioner licensed under the laws of this State to practice within the scope of that practitioner’s license.
5. (5) The selling at retail of over-the-counter products.

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

   1. a. The business is registered with the Board.
   2. b. The sale is authorized by a written, electronic, or fax order or by a verbal order reduced to writing from a licensed practitioner.
   3. c. The record of the written, electronic, or fax order, or the verbal order reduced to writing is maintained on the premises of the business for at least 3 years.
   4. d. The gas product is stored and dispensed according to requirements established by the Board.
7. (7) 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, electronic, or fax order or by a verbal order reduced to writing from a licensed veterinarian.
8. (8) Pharmacist selection of appropriate dosage forms, concentrations, equivalent strengths or routes of administration of medications.

9. (9) a. A practitioner from dispensing the unused portion of practitioner-dispensed topical medication to the patient upon discharge or the conclusion of the visit if the practitioner-dispensed topical medication is labeled consistent with the requirements under § 2522 of this title and required for continuing treatment. If the practitioner-dispensed topical 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.

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 (10) [Repealed.]

11. (11) A manufacturer or wholesaler from providing distribution of dialysate drugs or devices necessary to perform home dialysis on patients with end-stage renal disease, provided that all of the following criteria are met:

    1. a. The dialysate drugs or devices are approved by the U.S. Food and Drug Administration as required by federal law.
    2. b. The dialysate drugs or devices are lawfully held by a manufacturer or a manufacturer’s agent that is properly registered with the Board as a manufacturer or wholesaler.
    3. c. The dialysate drugs or devices are held and delivered in their original, sealed label packaging from the manufacturing facility.
    4. d. The dialysate drugs or devices are delivered only by the manufacturer or the manufacturer’s agent and only upon receipt of a prescription from a practitioner.

    5. e. The manufacturer or the manufacturer’s agent delivers the dialysate drugs or devices directly to 1 of the following:

       1. 1. A patient with end stage renal disease or the patient’s designee for the patient’s self-administration of dialysis therapy.
       2. 2. A health-care provider or institution for administration or delivery of the dialysis therapy to a patient with end stage renal disease.

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; 85 Del. Laws, c. 49, § 2; 85 Del. Laws, c. 97, § 1; 85 Del. Laws, c. 49, § 1