AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF THE PATIENT-PRACTITIONER RELATIONSHIP.

Delaware expands ways to receive prescriptions

Delaware law recognizes seven ways to establish the patient-practitioner relationship needed to prescribe medicines. One is at least one in-person evaluation, with a medical history and physical exam sufficient to diagnose and identify treatment risks. Another is an existing relationship through which the practitioner personally knows the patient and their general health. Treatment also qualifies through consultation or referral when the referring practitioner has an existing relationship and agrees to supervise treatment, follow-up, and medication use. On-call or cross-coverage care qualifies when covering another practitioner who has an existing relationship with the patient. Practitioners can also provide short-term continuing medicines before a new patient's first appointment, or treatment based on new hospital admission orders. For opioid use disorder, practitioners can establish the relationship through telemedicine under Title 24, section 6003, without an in-person exam. This route covers only FDA-approved Schedule III, IV, or V medicines for opioid use disorder. It follows existing telehealth standards for care, medical records, consent, and medical board oversight.