20 Del. C. 3133
License Exemption: Delivery of Health Care Supplies
When an emergency declaration is in effect, a licensed health care professional or an unlicensed person at the direction of the Public Health Authority who delivers or assists in the delivery of medical supplies or medication to essential workers is exempt from licensing requirements. The medication and supplies must be in their original containers and properly labelled. A licensed health care provider is required to supervise the delivery. This section does not allow an unlicensed person to deliver an injection.
Control of health care supplies
(a) The public health authority may purchase and distribute antitoxins, serums, vaccines, immunizing agents, antibiotics and other pharmaceutical agents or medical supplies that it deems advisable in the interest of preparing for or controlling a public health emergency without any additional legislative authorization. (b) Definitions for the purpose of this section only:(1) "Delivers" means to hand out prepackaged and labeled medications to end users at the direction of the Public Health Authority. (2) "Essential worker" means a person who has been identified by that person's employer and the Division of Public Health as someone who must report to work during an emergency in order to maintain and keep operational the critical infrastructure in the State of Delaware. An essential worker may include, but is not limited to, personnel from the Division of Public Health, the Delaware Emergency Management Agency, the Delaware Department of Transportation, fire service, and law-enforcement agencies. (3) "Unlicensed person" means an individual who is not a licensed health care professional and has successfully completed in-service training, approved by the Board of Pharmacy, on the In-State Stockpile. (c) Any licensed health care professional or unlicensed person who, at the direction of the Public Health Authority, prior to, during or after an impending, probable or actual public health threat or a declared public health emergency or state of emergency, delivers, or assists in the delivery of medical supplies or prescription or nonprescription medications to essential workers and their families, other than by injection, and provided that the medication is in the original container and properly labeled, shall be exempt from the licensing statutes and regulations for health care professionals and shall be considered a public employee under §§ 4001 and 4002 of Title 10. The Division of Public Health shall position a licensed health care professional on-site to supervise the delivery process to essential workers and their families if a licensed health care professional is available. (d) Each essential worker will complete a prescreening assessment for themselves and each family member, if applicable, on an annual basis that will screen for contraindications to the medications in the In-State Stockpile. The assessment will be developed by the Division of Public Health and approved by the Board of Pharmacy.