A Guide to State Opioid Prescribing Policies

Pain Policy and Regulation: Delaware

Delaware Board of Medical Practice

Prescriptions

• The Delaware Uniform Controlled Substances Act Guidelines are available at: http://regulations.delaware.gov/AdminCode/title24/Uniform%20Controlled%20Substances%20Act%20Regulations.shtml
• Manner of Issuance of Prescriptions. All prescriptions for controlled substances shall be dated and signed on the day when issued and shall bear the full name and address of the patient, and the name, address, and registration number of the practitioner. A practitioner should sign a prescription in the same manner as he or she would sign a check or legal document (eg, J.H. Smith or John H. Smith). When an oral order is not permitted, prescriptions shall be written with ink or indelible pencil or typewriter and shall be manually signed by the practitioner. The prescriptions may be prepared by an agent for the signature of a practitioner, but the prescribing practitioner is responsible if the prescription does not conform in all essential respects to the law and regulations. A corresponding liability rests upon the pharmacist who fills a prescription not prepared in the form prescribed by these regulations. Each written prescription shall have the name of the practitioner stamped, typed, or hand-printed on it, as well as the signature of the practitioner.
• Persons Entitled to Fill Prescriptions. A prescription for controlled substances may only be filled by a pharmacist acting in the usual course of his or her professional practice and either registered individually or employed in a registered pharmacy or by a registered institutional practitioner.
• Dispensing Narcotic Drugs for Maintenance Purposes. No person shall administer or dispense narcotic drugs listed in any schedule to a narcotic drug-dependent person for the purpose of continuing the dependence except in compliance with and as authorized by federal law and regulation.
• Emergency Dispensing of Schedule II Substances. In an emergency situation, a pharmacist may dispense controlled substances listed in schedule II after receiving oral authorization of a prescribing individual practitioner, provided that the procedures comply with federal law and regulation.
• Expiration of Prescription. Prescriptions for controlled substances in schedules II and III become void unless dispensed within seven (7) days of the original date of the prescription or if the original prescriber authorizes the prescription past the seven (7) days period. Such prescriptions cannot be written nor dispensed for more than 100 dosage units or a 31-day supply; whatever is the greater at one time. As an exception to dosage limitations set forth in this subparagraph, and in accordance with 21 CFR Section 1306.1(b), prescriptions for controlled substances in schedule II for patients having a medically documented terminal illness or patients in long-term care facilities may be filled in partial quantities, to include individual dosage units. For each partial filling, the dispensing pharmacist shall record on the back of the prescription (or another appropriate record, uniformly maintained, and readily retrievable) the date of the partial filling, quantity dispensed, remaining quantity authorized to be dispensed, and the identification of the dispensing pharmacist. The total quantity of schedule II controlled substances dispensed in all partial fillings must not exceed the total quantity prescribed.
• Schedule II prescriptions for patients who are terminally ill or patients in long-term care facilities shall be valid for a period not to exceed 60 days from the issue date unless sooner terminated by the discontinuance of the medication.

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Author Information

David B. Brushwood, RPh, JD, Professor, University of Florida College of Pharmacy, Gainesville

Disclosure: David B. Brushwood, RPh, JD, has disclosed no relevant financial relationships.