Delaware Code Title 16 Sec. 4762 – Hypodermic syringe or needle; delivering or possessing; disposal; …
(a) A licensed pharmacist, or pharmacist intern or pharmacy student under the supervision of a pharmacist, may provide hypodermic syringes or hypodermic needles, including pen needles in the State without a prescription, but only to persons who have attained the age of 18 years. When providing hypodermic syringes or hypodermic needles without a prescription, the pharmacist, pharmacist intern or pharmacy student must require proof of identification that validates the individual’s age.
Terms Used In Delaware Code Title 16 Sec. 4762
- delivery: means the actual, constructive or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship. See Delaware Code Title 16 Sec. 4701
- Drug: means (i) substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary or any supplement to any of them; (ii) substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or animals; (iii) substances (other than food) intended to affect the structure or any function of the body of man or animals; and (iv) substances intended for use as a component of any article specified in clause (i), (ii) or (iii) of this paragraph. See Delaware Code Title 16 Sec. 4701
- Person: means individual, corporation, government or governmental subdivision or agency, statutory trust, business trust, estate, trust, partnership or association, or any other legal entity. See Delaware Code Title 16 Sec. 4701
- Secretary: means Secretary of the Department of State or the Secretary's designee in paragraph (22) of this section; §§ 4711; 4713; 4715; 4717; 4718(l); 4719; 4720(c); 4721; 4731; 4732; 4733; 4734(a) and (b); 4735 (b), (c) and (d); 4736(a) and (b); 4737; 4738; 4739(b); 4762(e)(2); 4781(1); 4782; 4783(b); 4785; 4786; 4787(b), (c), (d), (e) and 4791(d) of this title. See Delaware Code Title 16 Sec. 4701
- State: when applied to a part of the United States, includes any state, district, commonwealth, territory, insular possession thereof and any area subject to the legal authority of the United States of America. See Delaware Code Title 16 Sec. 4701
(b) Every person who lawfully possesses an instrument described in subsection (a) of this section shall, before disposal, destroy such instrument in such a manner as to render it unfit for reuse in any manner.
(c) [Repealed.]
(d) Nothing in this section shall prohibit the delivery, furnishing, sale, purchase or possession of an instrument commonly known as a hypodermic syringe or an instrument commonly known as a hypodermic needle used or to be used solely and exclusively for treating poultry or livestock and such delivery, furnishing, sale, purchase, possession or use shall be governed by rules and regulations to be prescribed by the Department of Agriculture.
(e) This section does not apply to any of the following:
(1) The sale at wholesale by pharmacies, drug jobbers, drug wholesalers, and drug manufacturers or manufacturers and dealers in surgical instruments to practitioners.
(2) The furnishing or obtaining of hypodermic syringes or hypodermic needles for uses which the Secretary determines are industrial. Notwithstanding the other provisions of this section, a person may obtain such instruments, without a written order or oral order reduced to writing, for such industrial uses.
(3) Any person licensed under the Delaware Board of Nursing or who is otherwise a licensed allied health professional who may provide syringes or hypodermic needles in the course of patient teaching, discharge teaching, or routine patient care to indigent clients in in-patient, out-patient, or community settings.
16 Del. C. 1953, § ?4757; 58 Del. Laws, c. 424, § ?1; 59 Del. Laws, c. 33, § ?1; 59 Del. Laws, c. 291, § ?1; 60 Del. Laws, c. 583, §§ ?8-12; 67 Del. Laws, c. 130, § ?9; 67 Del. Laws, c. 350, §§ ?20, 21; 70 Del. Laws, c. 186, § ?1; 78 Del. Laws, c. 13, § ?50; 79 Del. Laws, c. 66, § ?1; 83 Del. Laws, c. 169, § 2;