reglab/housing_qa huggingface dataset:
24 DE Code § 2518. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 25. Pharmacy|Subchapter II. Licensure|§ 2518. Reinstatement of a suspended license; removal from probationary status.

§ 2518. Reinstatement of a suspended license; removal from probationary status. (a) As a condition of reinstatement of a suspended license or the issuance of another license after revocation, the Board may impose any condition or conditions that are authorized under this chapter. Before reinstating a suspended license or removing a licensee from probationary status, the Board shall, without a hearing, make a determination as to whether the licensee has taken the required corrective actions and has satisfied all of the conditions imposed pursuant to the license suspension and/or the probation period. A licensee who disagrees with a determination made by the Board under this subsection may request a hearing before the Board. (b) A licensee seeking reinstatement or removal from probationary status must pay the appropriate fees and submit the evidence required by the Board to show that all the conditions imposed pursuant to the license suspension and/or the probation period have been met. Proof that the licensee has met that licensee's continuing education requirements may also be required. 76 Del. Laws, c. 167, §  1;  70 Del. Laws, c. 186, §  1;
24 DE Code § 2519. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 25. Pharmacy|Subchapter II. Licensure|§ 2519. Temporary suspension pending hearing.

§ 2519. Temporary suspension pending hearing. In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person's license, pending a hearing, upon the written order of the Secretary of State or the Secretary's designee, with the concurrence of the Board chair or the Board chair's designee. An order temporarily suspending a license may not be issued unless the person or the person's attorney received at least 24 hours' written or oral notice before the temporary suspension so that the person or the person's attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person's license. 68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;  79 Del. Laws, c. 213, §  2;
24 DE Code § 2520. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 25. Pharmacy|Subchapter II. Licensure|§ 2520. Counseling of pharmacists.

§ 2520. Counseling of pharmacists. (a) If the Executive Secretary and the President of the Board jointly find after an investigation that a pharmacist has violated a provision of this chapter or a regulation enacted pursuant to this chapter, but that the violation can be reasonably resolved without a formal disciplinary sanction under § 2516 of this title, the Executive Secretary and the president, or his or her designee, may counsel the pharmacist regarding the violation. The Executive Secretary shall notify the pharmacist in writing of the finding and of the decision not to proceed with formal disciplinary sanctioning. The notification must explain the finding and request the presence of the pharmacist at a counseling session. During the counseling session, the Executive Secretary and the president, or his or her designee, shall discuss with the pharmacist the violation, and establish a plan of correction, if necessary. (b) Counseling pursuant to subsection (a) of this section is voluntary. However, if the pharmacist fails to attend the counseling session or fails to comply with the necessary plan of correction specified by the Executive Secretary and the president, or his or her designee, the violation must be handled in the same manner as a violation of § 2515 of this title is handled. (c) The counseling of a pharmacist under this section is not considered disciplinary action if the pharmacist attends the counseling session and complies with any necessary plan of correction required by the Executive Secretary and the president, or his or her designee. Counseling pursuant to this section may not be used in considering disciplinary sanctions in a future hearing unrelated to the incident for which the pharmacist was counseled unless the future incident involves the same or similar allegations as those for which the pharmacist was counseled. 71 Del. Laws, c. 101, §  1;  70 Del. Law, c. 186,, §  1;  76 Del. Laws, c. 167, §  1;
24 DE Code § 2521. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 25. Pharmacy|Subchapter II. Licensure|§ 2521. Impaired pharmacist.

§ 2521. Impaired pharmacist. (a) An “impaired pharmacist” is a pharmacist whose use or abuse of drugs or alcohol affects that pharmacist's ability to practice pharmacy. An impaired pharmacist may be eligible to enter an approved treatment program pursuant to an agreement with the Executive Secretary and the Board president. (b) Disciplinary action will not be taken against a pharmacist who enters into and successfully completes an approved treatment program pursuant to subsection (a) of this section as long as a complaint has not been filed against the pharmacist and as long as the pharmacist has not been convicted of, or has not pleaded guilty or nolo contendere to a felony or a drug offense. Records related to a treatment program under this section are not public records, and may be used in a subsequent related disciplinary matter before the Board only if the pharmacist was, or could have been, disciplined. (c) A pharmacist who does not qualify under subsection (b) of this section may, nevertheless, enter into an agreement with the Executive Secretary and the Board President to participate in an approved treatment program. Action on a disciplinary complaint may be deferred and ultimately dismissed if the pharmacist successfully completes the treatment program. (d) An agreement pursuant to this section that permits an impaired pharmacist to enter into an approved treatment program must contain at least the following provisions:  (1) The pharmacist must agree not to engage in the practice of pharmacy for the duration of the treatment program. (2) The pharmacist must sign a release so that records of treatment and progress are released to the Executive Secretary and the Board president. (3) If the pharmacist does not make satisfactory progress in the program, the agreement is void and an investigation and disciplinary proceedings may be pursued. (4) The pharmacist must agree to submit to random drug and alcohol screening at a specified laboratory or health care facility. (5) The pharmacist must agree to be personally responsible for all cost related to the program. (e) A pharmacist who successfully completes an approved treatment program may return to the practice of pharmacy if the Executive Secretary and the Board President determine that the pharmacist's return to practice will not endanger the public health, safety, or welfare. The Executive Secretary and the President may require the pharmacist to agree to specific conditions of practice to protect the public. 68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 167, §  1;
24 DE Code § 2522. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 25. Pharmacy|Subchapter III. Miscellaneous Provisions|§ 2522. Prescription labeling.

§ 2522. Prescription labeling. (a) A practitioner prescribing a drug to be prepared and dispensed by a pharmacist in this State for the use of a patient or any third person must, as part of the prescription, include directions describing the exact method by which the drug must be taken or administered. A prescription without specific directions, or a prescription bearing the notation “as directed” without specific directions, may not be prepared or dispensed. (b) A pharmacist shall affix to every container in which a drug is dispensed a label containing the following information:  (1) Prescription number; (2) The date the prescription is dispensed; (3) Patient's full name; (4) Brand or established name and strength of the drug to the extent that it can be measured; (5) Practitioner's directions as found on the prescription; (6) Practitioner's name; (7) Name and address of the dispensing pharmacy or practitioner. (c) Practitioners who, for good reason, do not wish to reveal the name or strength of the drug prescribed to the patient shall so inform the pharmacist by a notation on the face of the prescription. However, practitioners who sell drugs directly to patients shall label all such drugs in accordance with this section with the exception of a prescription number. Practitioners who dispense drugs directly to patients shall label all drugs or provide a document including the following information:  (1) The patient's full name; (2) The date the drugs were dispensed to the patient; (3) The practitioner's name; (4) The practitioner's directions. (d) No pharmacist shall fail to dispense a prescription because it is not clearly written and/or lacks information required by this title without first making a reasonable effort to contact the practitioner who issued the prescription to gather the clear and complete information. 24 Del. C. 1953, §  2563;  58 Del. Laws, c. 244, §  2;  68 Del. Laws, c. 206, §  1;  75 Del. Laws, c. 101, §  1;  75 Del. Laws, c. 415, §§  1, 2;  76 Del. Laws, c. 167, §  1;
24 DE Code § 2523. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 25. Pharmacy|Subchapter III. Miscellaneous Provisions|§ 2523. Exemptions.

§ 2523. Exemptions. Nothing in this chapter may be construed to prevent:  (1) A student or graduate of an accredited school of pharmacy from receiving practical training pursuant to an internship or other approved program under the supervision of a pharmacist in this State; (2) A pharmacy technician or certified pharmacy technician from performing under the direct supervision of a pharmacist the delegated functions permitted under the rules and regulations of the Board and not inconsistent with this chapter; (3) A practitioner licensed under the laws of this State to practice within the scope of that practitioner's license; (4) The selling at retail of over-the-counter products; (5) A business not licensed as a pharmacy to sell gases that are used for medicinal purposes and which require a prescription, provided that:  a. The business is registered with the Board; b. The sale is authorized by a written order or by a verbal order reduced to writing from a practitioner; c. The record of the written order or of the verbal order reduced to writing is maintained on the premises of the business for at least 2 years; and d. The gas product is stored and dispensed according to requirements established by the Board. (6) The sale of noncontrolled prescription drugs designated for veterinary use by a business not licensed as a pharmacy, provided that the business is registered with the Board and the sale is authorized by a written order or by a verbal order reduced to writing from a licensed veterinarian. (7) A pharmacist in this State from dispensing a valid noncontrolled prescription drug pursuant to a prescription received via electronic transmission from a practitioner's office to the prescription department of the dispensing pharmacy. (8) Pharmacist selection of appropriate dosage forms, concentrations, equivalent strengths or routes of administration of medications.24 Del. Laws, c. 140, §  1;  Code 1915, §  862;  Code 1935, §  942;  24 Del. C. 1953, §  2521;  64 Del. Laws, c. 452, §  1;  68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 161, §  9;  75 Del. Laws, c. 260, §§  1, 2;  76 Del. Laws, c. 167, §  1;
24 DE Code § 2524. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 25. Pharmacy|Subchapter III. Miscellaneous Provisions|§ 2524. Miscellaneous fees.

§ 2524. Miscellaneous fees. The Division shall set fees to defray registration costs, costs for maintaining registries required under this chapter, and the costs of replacing lost or destroyed licenses and permits. 24 Del. Laws, c. 140, §§  9, 12;  24 Del. Laws, c. 141, §§  1, 2;  Code 1915, §§  858, 861, 868;  28 Del. Laws, c. 62;  29 Del. Laws, c. 55;  36 Del. Laws, c. 103, §  1;  Code 1935, §§  938, 941, 948;  43 Del. Laws, c. 95, §  1;  45 Del. Laws, c. 90, §  3;  46 Del. Laws, c. 95, §  3;  24 Del. C. 1953, §§  2503, 2506, 2507;  53 Del. Laws, c. 90, §§  4, 272;  53 Del. Laws, c. 108, §  27;  55 Del. Laws, c. 316, §  3;  62 Del. Laws, c. 251, §§  1, 4, 5;  64 Del. Laws, c. 452, §  2;  65 Del. Laws, c. 378, §  2;  68 Del. Laws, c. 206, §  1;  74 Del. Laws, c. 262, §  43;  76 Del. Laws, c. 167, §  1;
24 DE Code § 2526. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 25. Pharmacy|Subchapter IV. Pharmacies|§ 2526. Permit required for each pharmacy.

§ 2526. Permit required for each pharmacy. (a) A person may not operate a pharmacy within the State without first having obtained a permit to operate a pharmacy from the Board. A person who desires to operate more than 1 pharmacy must make a separate permit application for each pharmacy. However, separate permits are not required for sites designated as pharmacies within the same institution at 1 general location, provided that each site is approved by the Board. (b) The Board shall issue a separate permit for each qualifying pharmacy. A permit to operate a pharmacy granted by the Board may not be assigned or otherwise transferred to another person except upon such conditions as the Board specifically designates, and then only pursuant to the written consent of the Board or its designee. A permit must be available on site for inspection by authorized persons. Code 1935, §  956A;  41 Del. Laws, c. 87, §  2;  24 Del. C. 1953, §  2551;  62 Del. Laws, c. 251, §  13;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;
24 DE Code § 2527. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 25. Pharmacy|Subchapter IV. Pharmacies|§ 2527. Application fees for permits.

§ 2527. Application fees for permits. The application for a permit to operate a pharmacy must be made on a form furnished by the Board and must be accompanied by the application fee and/or permit fee established pursuant to § 2511 of this title. Code 1935, §  956A;  41 Del. Laws, c. 87, §  2;  24 Del. C. 1953, §  2552;  53 Del. Laws, c. 90, §  18;  62 Del. Laws, c. 251, §  14;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;
24 DE Code § 2528. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 25. Pharmacy|Subchapter IV. Pharmacies|§ 2528. Requirements for and issuance of permit.

§ 2528. Requirements for and issuance of permit. (a) In determining if a permit to operate a pharmacy should be issued, the Board shall consider, but is not limited to considering, the probability that:  (1) The pharmacy will be operated in full compliance with the law and with the rules and regulations of the Board; (2) The pharmacy will be managed by a pharmacist-in-charge who is licensed to practice pharmacy in the State and who will serve as a pharmacist-in-charge in only that pharmacy; (3) The location and appointments of the pharmacy are such that it can be operated without endangering public health, safety, or welfare. In determining a danger to public health, safety, or welfare, the Board shall consider, but is not limited to considering, the following factors:  a. Whether an applicant, permit holder, principal, or a person having ownership interest in the pharmacy has a conviction for deceptive business practices or for a violation of drug laws under federal law or any state's law; b. Whether an applicant, permit holder, principal, or a person having controlling ownership interest in the pharmacy has been or is the subject of an action by a regulatory agency for a violation of the agency's statutes or regulations; (4) The pharmacist-in-charge, whose name is on the application, will comply with pharmacy, controlled substance, and other applicable statutes and regulations; (5) The pharmacy will provide conspicuous notice to consumers that the Board of Pharmacy is the contact agency for reporting unresolved medication errors. (b) A permit to operate a pharmacy may not be issued or renewed unless the pharmacy is equipped with proper reference materials and professional and technical equipment as provided in the Board's rules and regulations. (c) The Executive Secretary may issue a temporary, 60-day permit to operate a pharmacy to an otherwise qualified pharmacy while the application for a permanent permit is pending. The Board may grant 1 60-day extension of a temporary permit. Code 1935, §  956A;  41 Del. Laws, c. 87, §  2;  24 Del. C. 1953, §  2553;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;
24 DE Code § 2529. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 25. Pharmacy|Subchapter IV. Pharmacies|§ 2529. Renewal of permit.

§ 2529. Renewal of permit. (a) A permit to operate a pharmacy must be renewed biennially in a manner determined by the Division, including the payment of the renewal fee established pursuant to § 2511 of this title. (b) The Board, in its rules and regulations, shall determine the period within which a permit holder may renew the permit to operate a pharmacy, notwithstanding the fact that the permit holder failed to renew on or before the designated renewal date; provided, however, that the period of time may not exceed 1 year beyond the designated renewal date. (c) A permit to operate a pharmacy terminates automatically upon a transfer of the controlling interest in the pharmacy, upon the termination of the legal existence of the pharmacy, or upon the discontinuance of business or professional practice. (d) The closing of a pharmacy must be in compliance with the rules and regulations of the Board. If the closing is to be permanent, the Board must be notified 14 days prior to the closing. If the closing is to be for more than 7 consecutive business days, the Board must be notified 5 days prior to the temporary closing. Code 1935, §  956A;  41 Del. Laws, c. 87, §  2;  24 Del. C. 1953, §  2555;  53 Del. Laws, c. 90, §§  19, 20;  62 Del. Laws, c. 251, §  15;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;
24 DE Code § 2530. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 25. Pharmacy|Subchapter IV. Pharmacies|§ 2530. Revocation or suspension of permit.

§ 2530. Revocation or suspension of permit. (a) The Board may suspend or revoke a permit to operate a pharmacy when examination or inspection of the pharmacy discloses that the pharmacy is not being operated according to law or is being operated in a manner which endangers public health, safety, or welfare. (b) The Board may suspend or revoke a permit to operate a pharmacy if the pharmacy's prescription department is closed for more than 14 consecutive days, unless the closing of the prescription department was due to a cause which the Board finds reasonable. (c) In determining if a pharmacy is being operated in a manner which endangers the public health, safety, or welfare pursuant to subsection (a) of this section, the Board shall consider, but is not limited to considering, the following factors:  (1) Compliance by the permit holder with the law and with the rules and regulations of the Board; (2) A conviction of the permit holder, a principal, or a person having controlling ownership interest in the pharmacy for a violation of federal law or of any state's law other than a violation of a minor traffic offense; (3) An action by a regulatory agency against the permit holder for a violation of the agency's statutes or regulations.Code 1935, §§  942, 956A;  41 Del. Laws, c. 87, §  2;  46 Del. Laws, c. 142, §  1;  24 Del. C. 1953, §  2556;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;
24 DE Code § 2531. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 25. Pharmacy|Subchapter IV. Pharmacies|§ 2531. Hearings on actions involving permits.

§ 2531. Hearings on actions involving permits. (a) If the Board intends not to issue a permit or intends to suspend or revoke a permit, the Board shall give written notice to the applicant or permit holder of the intended action and the reasons therefor. The applicant or permit holder has at least 10 days from the date of notice to request a hearing. Notice of the hearing must be given and the hearing must be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29. (b) A hearing pursuant to subsection (a) of this section is informal, without the use of the Rules of Evidence. The Board's decision must be in writing and must include the reasons for the decision. The Board's decision must be mailed immediately to or personally served upon the applicant or permit holder. (c) If an applicant or permit holder is in disagreement with the decision of the Board, the applicant or permit holder may appeal the Board's decision to the Superior Court within 30 days of the postmarked date of the copy of a mailed decision or within 30 days of the date of service of the decision. Upon appeal, the Court shall hear the evidence on the record. A stay pending review may be granted by the Court in accordance with § 10144 of Title 29. Code 1935, §§  942, 956A;  41 Del. Laws, c. 87, §  2;  46 Del. Laws, c. 142, §  1;  24 Del. C. 1953, §  2556;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;
24 DE Code § 2532. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 25. Pharmacy|Subchapter IV. Pharmacies|§ 2532. Pharmacy records.

§ 2532. Pharmacy records. (a) A suitable book or file in which the original of every prescription compounded or dispensed at the pharmacy must be preserved for a period of not less than 3 years. The book or file of original prescriptions must at all times be open to inspection by authorized agents of the Board. (b) Upon request by a person for such person's pharmacy records, a pharmacy shall provide such records, in hard copy paper form (unless such person agrees to another form), as soon as is reasonably possible, but by no later than 15 business days after such person has made the request to the pharmacy, unless an emergency or a medical condition dictates that such records should be produced immediately. Nothing herein shall be construed as limiting or lessening the pharmacy's obligations to maintain confidentiality of such records and the pharmacy shall follow such pharmacy's standard procedures to ensure maintenance of confidentiality of such records. 24 Del. Laws, c. 140, §  14;  26 Del. Laws, c. 147;  Code 1915, §  870;  Code 1935, §  950;  24 Del. C. 1953, §  2560;  68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 149, §  213;  76 Del. Laws, c. 167, §  1;  77 Del. Laws, c. 228, §  1;