24 DE Code § 2508. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 25. Pharmacy|Subchapter II. Licensure|§ 2508. Qualifications of applicant; judicial review; report to Attorney General.

§ 2508. Qualifications of applicant; judicial review; report to Attorney General. (a) An applicant for a license to practice pharmacy must submit evidence, verified by oath or affirmation and satisfactory to the Board, that the applicant has completed the requirements for graduation from a school or college of pharmacy accredited by the American Council on Pharmaceutical Education; or, if the applicant is a graduate of a foreign school or college of pharmacy, that the applicant graduated and received a pharmacy degree from a pharmacy degree program which has been approved by the Board. (b) An applicant for a license to practice pharmacy must obtain practical experience in the practice of pharmacy during and/or after attendance at a school or college of pharmacy, under such terms and conditions as the Board determines. The Board shall also determine the necessary qualifications for preceptors used in internships or other programs. (c) The Board shall determine whether an applicant whose conduct or status is described in 1 or more of the following paragraphs of this subsection is qualified to engage in the practice of pharmacy. In making this determination, the Board shall consider whether the applicant's conduct is or is not related to the practice of pharmacy and whether licensure of the applicant will or will not present a risk to public health, safety, or welfare. (1) The applicant received an administrative penalty regarding the practice of pharmacy, including but not limited to fines, formal reprimands, license suspension or revocation (except for license revocation for nonpayment of license renewal fees), probationary limitations, or entry into a consent agreement which contains conditions placed by a Board on the applicant's professional conduct and practice, including the voluntary surrender of the applicant's license to practice pharmacy. (2) The applicant has an impairment related to drugs, alcohol, or mental competence. (3) The applicant has a criminal conviction record or a pending criminal charge related to an incident, the circumstances of which substantially relate to the practice of pharmacy. However, after a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board by an affirmative vote of a majority of the quorum, may waive this paragraph (c)(3) of this section, if it finds all of the following:  a. For waiver of a felony conviction, more than 5 years have elapsed since the date of the conviction. At the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service. b. For waiver of a misdemeanor conviction or violation, at the time of the application the applicant may not be incarcerated, on work release, on probation, on parole or serving any part of a suspended sentence and must be in substantial compliance with all court orders pertaining to fines, restitution and community service. c. The applicant is capable of practicing pharmacy in a competent and professional manner. d. The granting of the waiver will not endanger the public health, safety or welfare. (d) An applicant shall submit fingerprints and other necessary information in order to obtain a report of the individual's entire criminal history record from the State Bureau of Identification and from the Federal Bureau of Investigation pursuant to Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C § 534). If the applicant does not have a criminal history record, the applicant shall cause to be submitted a statement from each agency that the agency has no record of criminal history information relating to the applicant. The State Bureau of Identification shall be the intermediary for the purpose of this subsection and the Board, or its designee, shall be the screening point for the receipt of the federal criminal history record. The applicant is responsible for the required fee, if any, for obtaining the records. (e) If the Board finds that false information has been intentionally provided to the Board, it shall report its finding to the Attorney General's Office for further action. (f) If the Board refuses to accept, or rejects, an application and the applicant believes that the Board acted without justification, or imposed higher or different standards for the applicant than for other applicants, or in some other unlawful manner contributed to or caused the refusal or rejection of the application, the applicant may appeal to the Superior Court. 24 Del. Laws, c. 140, §§  2,3;  Code 1915, §§  863, 864;  35 Del. Laws, c. 56, §  1;  Code 1935, §§  943, 944;  41 Del. Laws, c. 87, §  1;  42 Del. Laws, c. 91, §  1;  46 Del. Laws, c. 95, §§  1, 2;  24 Del. C. 1953, §§  2522, 2523;  53 Del. Laws, c. 90, §§  6,7;  58 Del. Laws, c. 511, §  57;  59 Del. Laws, c. 318, §  3;  62 Del. Laws, c. 251, §  6;  64 Del. Laws, c. 167, §  1;  65 Del. Laws, c. 378, §  3;  68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 436, §  22;  76 Del. Laws, c. 167, §  1;  77 Del. Laws, c. 199, §  18;  78 Del. Laws, c. 44, §§  36, 37;