Delaware § 4762 Hypodermic syringe or needle; delivering or possessing; disposal; exceptions

Delaware Statutes

§ 4762 — Hypodermic syringe or needle; delivering or possessing; disposal; exceptions

Delaware·Title 16·Part Food and Drugs·Ch. 47 UNIFORM CONTROLLED SUBSTANCES ACT·Subch. Offenses and Penalties

(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.

(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(c)[Repealed.]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, purchas

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(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.

(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(c) [Repealed.]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.

Delaware § 4762 (Hypodermic syringe or needle; delivering or possessing; disposal; exceptions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

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