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SB182 • 2025

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PHARMACY.

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PHARMACY.

Healthcare
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Poore
Last action
2025-07-21
Official status
Signed 7/21/25
Effective date
Not listed

Plain English Breakdown

The official source does not specify the exact effective date, only that it becomes effective upon signature by the Governor.

Allowing Direct Delivery of Dialysis Drugs

The bill permits drug makers and wholesalers to send dialysate drugs and equipment for home dialysis straight to patients, as long as certain conditions are met.

What This Bill Does

  • Allows drug manufacturers or their agents to deliver dialysate drugs directly to patients with end-stage renal disease who do home dialysis.
  • Requires that the drugs and devices be approved by the FDA and come in original packaging from a registered manufacturer or wholesaler.
  • Specifies that delivery can only happen after receiving a prescription from a healthcare provider.

Who It Names or Affects

  • Patients with end-stage renal disease who perform home dialysis
  • Drug manufacturers and wholesalers

Terms To Know

dialysate drugs
Medicines used in the process of dialysis to clean waste from the blood when kidneys are not working properly.
end-stage renal disease (ESRD)
A condition where the kidneys have lost nearly all their function and require dialysis or a transplant.

Limits and Unknowns

  • The bill does not specify when it will become effective.
  • It only applies to patients with end-stage renal disease who do home dialysis.

Bill History

  1. 2025-07-21 Delaware General Assembly

    Signed by Governor

  2. 2025-06-26 Delaware General Assembly

    Passed By House. Votes: 40 YES 1 VACANT

  3. 2025-06-17 Delaware General Assembly

    Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 5 On Its Merits

  4. 2025-06-12 Delaware General Assembly

    Passed By Senate. Votes: 18 YES 1 NOT VOTING 2 ABSENT

  5. 2025-06-12 Delaware General Assembly

    Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

  6. 2025-06-11 Delaware General Assembly

    Reported Out of Committee (Health & Social Services) in Senate with 5 Favorable

  7. 2025-06-10 Delaware General Assembly

    Introduced and Assigned to Health & Social Services Committee in Senate

Official Summary Text

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PHARMACY.
This Act allows drug manufacturers or their agents and wholesalers to ship dialysate drugs and devices directly to home dialysis patients without a pharmacy license.

Current Bill Text

Read the full stored bill text 
Legislation Document

SPONSOR:

Sen. Poore & Sen. Pinkney & Rep. Ortega

Sens. Buckson, Hoffner, Lawson; Reps. Bolden, Morrison

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 182

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PHARMACY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Amend § 2523, Title 24 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 2523. Exemptions.

Nothing in this chapter may be construed to prevent any of the following:

(10) A manufacturer or wholesaler from providing distribution of dialysate drugs or devices necessary to perform home dialysis on patients with end-stage renal disease, provided that all of the following criteria are met:

a. The dialysate drugs or devices are approved by the U. S. Food and Drug Administration as required by federal law.

b. The dialysate drugs or devices are lawfully held by a manufacturer or a manufacturer’s agent that is properly registered with the Board as a manufacturer or wholesaler.

c. The dialysate drugs or devices are held and delivered in their original, sealed label packaging from the manufacturing facility.

d. The dialysate drugs or devices are delivered only by the manufacturer or the manufacturer’s agent and only upon receipt of a prescription from a practitioner.

e. The manufacturer or the manufacturer’s agent delivers the dialysate drugs or devices directly to one of the following:

1. A patient with end stage renal disease or the patient’s designee for the patient’s self-administration of dialysis therapy.

2. A health care provider or institution for administration or delivery of the dialysis therapy to a patient with end stage renal disease.

SYNOPSIS

This Act allows drug manufacturers or their agents and wholesalers to ship dialysate drugs and devices directly to home dialysis patients without a pharmacy license.

Author: Senator Poore