AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PHARMACY.
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SB 165 — AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PHARMACY.
Last action — Signed by Governor
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced June 06, 2023. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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27 sponsors
27 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (16 D · 4 R) — cross-party backing.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
This Act amends Chapter 25, Title 24 of the Delaware Code relating to the Practice of Pharmacy. The amendments authorize pharmacists to engage in “collaborative pharmacy practice” with one or more “practitioners” meaning individuals who are authorized by law to prescribe drugs in the course of professional practice. Pharmacists may also do so pursuant to a “collaborative pharmacy practice agreement,” which means a written and signed agreement between one or more pharmacists and one or more practitioners that provides for a collaborative pharmacy practice.
Bill Text
What changed in the latest version
70 added · 9 removed70 line(s) added, 9 removed.
Poore DELAWARE& STATERep. SENATE 152nd GENERAL ASSEMBLY SENATE AMENDMENT NO.
1Minor-Brown TO& SENATERep. BILL NO.
165Dorsey AMENDWalker SenateSens. Bill No.
165Brown, byBuckson, deletingGay, “adult”Hansen, onHocker, lineHoffner, 28.Huxtable, Lawson, Lockman, Mantzavinos, S.
SYNOPSISMcBride, ThisParadee, amendmentPettyjohn, deletesPinkney, theRichardson, wordSokola, “adult”Sturgeon, fromTownsend, lineWalsh, 28Wilson; of Senate Bill No.
165,Reps. and thus allows pharmacists to administer immunizations to minors pursuant to a valid prescription or physician-approved protocol approved by a duly licensed Delaware physician.
Baumbach, Bush, Harris, Hilovsky, K.
Johnson, Neal, Romer, Michael Smith DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE BILL NO.
165 AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PHARMACY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend § 2502, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and by redesignating accordingly:
§ 2502.
Definitions.
For purposes of this chapter:
( ) “Collaborative pharmacy practice” means the practice of pharmacy whereby one or more pharmacists provides patient care and drug therapy management services not otherwise permitted to be performed by a pharmacist to patients under a collaborative pharmacy practice agreement(s) with one or more practitioners which defines the nature, scope, conditions, and limitations of the services to be provided by the pharmacist(s).
( ) "Collaborative pharmacy practice agreement" means a written and signed agreement between one or more pharmacists and one or more practitioners that provides for collaborative pharmacy practice.
(21)( ) “Practice of pharmacy” means the interpreting, evaluating, and dispensing of a practitioner’s or prescriber’s order.
The “practice of pharmacy” includes the proper compounding, labeling, packaging, and dispensing of a drug to a patient or the patient’s agent, and administering a drug to a patient.
The “practice of pharmacy” includes the application of the pharmacist’s knowledge of pharmaceutics, pharmacology, pharmacokinetics, drug and food interactions, drug product selection, and patient counseling.
The “practice of pharmacy” also includes all of the following:
a.
Participation in drug utilization and/or drug regimen reviews.
b.
Participation in therapeutic drug selection, substitution of therapeutically equivalent drug products.
c.
Advising practitioners and other health-care professionals, as well as patients, regarding the total scope of drug therapy, so as to deliver the best care possible.
d.
Monitoring drug therapy.
SD :
FJM :
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06/06/2023 03:19 PM e.
Performing and interpreting capillary blood tests to screen and monitor disease risk factors or facilitate patient education, the results of which must be reported to the patient’s health-care practitioner;
screening results to be reported only if outside normal limits.
f.
Conducting or managing a pharmacy or other business establishment where drugs are compounded or dispensed.
g.
[Repealed.] h.
Administration of injectable medications, biologicals and adult immunizations pursuant to a valid prescription or physician-approved protocol approved by a physician duly licensed in the State under subchapter III of Chapter 17 of this title.
Show all 65 changed lines (25 more)
Pharmacists shall request which physician or physicians and notify the physician or physicians as designated by the patient of such administration within 72 hours.
The notice shall include the patient’s name, the name of the immunizations, inoculations or vaccinations administered, and the date of administration and may be submitted by phone, fax, post or electronically.
Upon request a copy of the protocol will be made available to the designated physician or physicians without costs.
Upon request, a copy of the protocol will be made available to the designated prescriber or prescribers without cost.
All vaccine administrations shall be reported to DELVAX within 72 hours of administration.
This report to DELVAX shall include the patient’s name, the name of the immunization, inoculations, or vaccinations administered, site of injection, Lot and expiration, the facility that provided vaccination, and the date of administration, and shall be submitted electronically.
Pharmacists, pharmacy interns, and nationally certified pharmacy technicians who have completed an accredited training program, are currently trained in CPR, and have notified the Delaware Board of Pharmacy, may administer immunizations via a prescriber’s order or protocol for patients 3 years of age and older.
i.
Dispensing contraceptives or dispensing and administering injectable hormonal contraceptives under Chapter 30O of Title 16.
j.
Ordering, performing, and interpreting tests authorized by the Food and Drug Administration, and waived under the federal Clinical Laboratory Improvement Amendments of 1988 [42 U.S.C.
§ 263a].
k.
Initiating drug therapy for health conditions in accordance with § 2525 of this title.
l.
Collaborative pharmacy practice in accordance with a collaborative pharmacy practice agreement.
(22)( ) “Practitioner” or “prescriber” means an individual who is authorized by law to prescribe drugs in the course of professional practice or by collaborative pharmacy practice agreement or research in any state.
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06/06/2023 03:19 PM SYNOPSIS This Act amends Chapter 25, Title 24 of the Delaware Code relating to the Practice of Pharmacy.
The amendments authorize pharmacists to engage in “collaborative pharmacy practice” with one or more “practitioners” meaning individuals who are authorized by law to prescribe drugs in the course of professional practice.
Pharmacists may also do so pursuant to a “collaborative pharmacy practice agreement,” which means a written and signed agreement between one or more pharmacists and one or more practitioners that provides for a collaborative pharmacy practice.
CBK Page 13 of 13 Released:
06/14/202306/06/2023 10:2503:19 AMPM 47615201244761520054
Show all 65 changed rows (25 more)
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The amendment clarifies who is considered a practitioner with respect to administering injectable medications.
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physician-approved→ practitioner-approvedThis change broadens the scope of who can approve prescriptions by allowing any approved practitioner, not just physicians.
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title.→ title or a nurse duly licensed in the State under Chapter 19 of this title.This change expands the definition to include nurses licensed in Delaware, allowing them to also administer injectable medications.
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from a practitioner
This addition clarifies that the prescriptions must come specifically from a practitioner.
Action History
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Signed by Governor
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Passed By House. Votes: 25 YES 16 ABSENT
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Reported Out of Committee (Health & Human Development) in House with 5 Favorable, 5 On Its Merits
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Re-Assigned to Health & Human Development Committee in House
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Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House
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Passed By Senate. Votes: 20 YES 1 ABSENT
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Amendment SA 2 to SB 165 - Passed By Senate. Votes: 20 YES 1 ABSENT
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Amendment SA 1 to SB 165 - Passed By Senate. Votes: 20 YES 1 ABSENT
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Amendment SA 2 to SB 165 - Introduced and Placed With Bill
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Reported Out of Committee (Legislative Oversight & Sunset) in Senate with 2 Favorable, 2 On Its Merits
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Amendment SA 1 to SB 165 - Introduced and Placed With Bill
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Introduced and Assigned to Legislative Oversight & Sunset Committee in Senate
Sponsors
- Paul S. Baumbach · Primary
- Michael F. Smith · Primary
- Cyndie Romer · Primary
- Kerri Evelyn Harris · Primary
- William Bush · Primary
- David L. Wilson · Primary
- John "Jack" Walsh · Primary
- Bryan Townsend · Primary
- Laura V. Sturgeon · Primary
- David P. Sokola · Primary
- Bryant L. Richardson · Primary
- Marie Pinkney · Primary
- Brian Pettyjohn · Primary
- Spiros Mantzavinos · Primary
- S. Elizabeth Lockman · Primary
- Russell Huxtable · Primary
- Kendra Johnson · Primary
- Franklin D. Cooke · Primary
- Darius J. Brown · Primary
- Trey Paradee · Primary
- Nicole Poore · Primary
- Stell Parker Selby · Primary
- Sherry Dorsey Walker · Primary
- Sean Matthews · Primary
- Peter C. Schwartzkopf · Primary
- Valerie Longhurst · Primary
- Sarah McBride · Primary
Sponsorship breakdown
Export CSV (upgrade) →27 sponsors · 0 co-sponsors · 35 not signed on
Sponsors (27)
- Paul S. Baumbach
- Michael F. Smith Republican
- Cyndie Romer Democratic
- Kerri Evelyn Harris Democratic
- William Bush Democratic
- David L. Wilson Republican
- John "Jack" Walsh Democratic
- Bryan Townsend Democratic
- Laura V. Sturgeon Democratic
- David P. Sokola Democratic
- Bryant L. Richardson Republican
- Marie Pinkney Democratic
- Brian Pettyjohn Republican
- Spiros Mantzavinos Democratic
- S. Elizabeth Lockman Democratic
- Russell Huxtable Democratic
- Kendra Johnson Democratic
- Franklin D. Cooke Democratic
- Darius J. Brown Democratic
- Trey Paradee Democratic
- Nicole Poore Democratic
- Stell Parker Selby
- Sherry Dorsey Walker
- Sean Matthews
- Peter C. Schwartzkopf
- Valerie Longhurst
- Sarah McBride
Co-sponsors (0)
None.
Not signed on (35)
35 members have not signed on to this bill.
Show all 35 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 2 |
| Democratic | 19 | 0 | 0 | 1 |
| Republican | 0 | 0 | 0 | 13 |
| Total | 25 | 0 | 0 | 16 |
| % of votes cast | 61% | 0% | 0% | 39% |
How each member voted (41)
| Member | Party | Vote |
|---|---|---|
| Michael Ramone | — | Not Voting |
| Paul S. Baumbach | — | Yea |
| Peter C. Schwartzkopf | — | Yea |
| Ruth Briggs King | — | Not Voting |
| Sean Matthews | — | Yea |
| Sherry Dorsey Walker | — | Yea |
| Stell Parker Selby | — | Yea |
| Valerie Longhurst | — | Yea |
| Cyndie Romer | Democratic | Yea |
| DeShanna U Neal | Democratic | Yea |
| Debra Heffernan | Democratic | Yea |
| Edward S. Osienski | Democratic | Yea |
| Eric Morrison | Democratic | Yea |
| Franklin D. Cooke | Democratic | Yea |
| Kendra Johnson | Democratic | Yea |
| Kerri Evelyn Harris | Democratic | Yea |
| Kimberly Williams | Democratic | Yea |
| Krista Griffith | Democratic | Yea |
| Larry Lambert | Democratic | Yea |
| Madinah Wilson-Anton | Democratic | Yea |
| Melissa Minor-Brown | Democratic | Yea |
| Nnamdi O. Chukwuocha | Democratic | Yea |
| Sean M. Lynn | Democratic | Not Voting |
| Sherae'a Moore | Democratic | Yea |
| Sophie Phillips | Democratic | Yea |
| Stephanie T. Bolden | Democratic | Yea |
| William Bush | Democratic | Yea |
| William J. Carson | Democratic | Yea |
| Bryan W. Shupe | Republican | Not Voting |
| Charles S Postles Jr. | Republican | Not Voting |
| Daniel B. Short | Republican | Not Voting |
| Jeff Hilovsky | Republican | Not Voting |
| Jeffrey N. Spiegelman | Republican | Not Voting |
| Jesse R. Vanderwende | Republican | Not Voting |
| Kevin S Hensley | Republican | Not Voting |
| Lyndon D. Yearick | Republican | Not Voting |
| Michael F. Smith | Republican | Not Voting |
| Richard G. Collins | Republican | Not Voting |
| Ronald E. Gray | Republican | Not Voting |
| Shannon Morris | Republican | Not Voting |
| Timothy D. Dukes | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 0 | 0 | 0 |
| Democratic | 13 | 0 | 0 | 0 |
| Republican | 5 | 0 | 0 | 1 |
| Total | 20 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Kyle Evans Gay | — | Yea |
| Sarah McBride | — | Yea |
| Bryan Townsend | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Kyra L. Hoffner | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Russell Huxtable | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Yea |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| David L. Wilson | Republican | Yea |
| Eric Buckson | Republican | Yea |
| Gerald W. Hocker | Republican | Not Voting |
Subjects
Frequently asked questions
- What does SB 165 do?
- This Act amends Chapter 25, Title 24 of the Delaware Code relating to the Practice of Pharmacy. The amendments authorize pharmacists to engage in “collaborative pharmacy practice” with one or more “practitioners” meaning individuals who are authorized by law to prescribe drugs in the course of professional practice. Pharmacists may also do so pursuant to a “collaborative pharmacy practice agreement,” which means a written and signed agreement between one or more pharmacists and one or more practitioners that provides for a collaborative pharmacy practice.
- Who sponsors SB 165?
- SB 165 is sponsored by Paul S. Baumbach, Michael F. Smith (Republican), Cyndie Romer (Democratic), Kerri Evelyn Harris (Democratic), William Bush (Democratic), David L. Wilson (Republican), John "Jack" Walsh (Democratic), Bryan Townsend (Democratic), Laura V. Sturgeon (Democratic), David P. Sokola (Democratic), Bryant L. Richardson (Republican), Marie Pinkney (Democratic), Brian Pettyjohn (Republican), Spiros Mantzavinos (Democratic), S. Elizabeth Lockman (Democratic), Russell Huxtable (Democratic), Kendra Johnson (Democratic), Franklin D. Cooke (Democratic), Darius J. Brown (Democratic), Trey Paradee (Democratic), Nicole Poore (Democratic), Stell Parker Selby, Sherry Dorsey Walker, Sean Matthews, Peter C. Schwartzkopf, Valerie Longhurst, and Sarah McBride.
- What is the current status of SB 165?
- This bill has been enacted into law. Introduced June 06, 2023. Enacted.
- Where can I track SB 165?
- Track SB 165 free on One Click Politics — get push/email alerts when it moves.
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