2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter II. Licensure › § 2515. Grounds for discipline.

§ 2515. Grounds for discipline.
(a) A pharmacist licensed under this chapter is subject to disciplinary sanctions set forth in § 2516 of this title if, after a hearing, the Board finds that the pharmacist:
(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license to practice pharmacy, has impersonated another person holding a license, has allowed another person to use the pharmacist's license, or has aided or abetted a person not licensed to practice pharmacy to be represented as a pharmacist;
(2) Has illegally, incompetently, or negligently practiced pharmacy;
(3) Has been convicted of a crime that is substantially related to the practice of pharmacy; a copy of the record of conviction certified by the clerk of the court entering the conviction is conclusive evidence of conviction;
(4) Has used or abused drugs, as defined in § 2502(32) of this title, in the past 2 years;
(5) Has engaged in an act of consumer fraud or deception, engaged in the restrain of competition, or participated in price-fixing activities;
(6) Has violated a lawful provision of this chapter or any lawful regulation established hereunder;
(7) Has had that pharmacist's own license to practice pharmacy suspended or revoked or has been subjected to other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for the suspension, revocation, or other action in another jurisdiction have been presented to the Board by certified record and the Board has determined that the facts found by the appropriate licensing authority in the other jurisdiction constitute 1 or more of the acts listed in this subsection. Every person licensed to practice pharmacy in this State is deemed to have given consent to the release of information regarding license suspension or revocation or other disciplinary action by the Board of Pharmacy or by other comparable agencies in other jurisdictions and to have waived all objections to the admissibility of previously adjudicated evidence of the acts or offenses which underlie license suspension or revocation or other disciplinary action;
(8) Has failed to notify the Board that the pharmacist's license to practice pharmacy in another jurisdiction has been subject to discipline, or has been surrendered, suspended, or revoked; or that the licensee has been convicted of a crime that is substantially related to the practice of pharmacy. A certified copy of the record of disciplinary action, or of the surrender, suspension, or revocation of the license is conclusive evidence thereof. A copy of the record of conviction certified by the clerk of the court entering the conviction is conclusive evidence of conviction; or
(9) Has a physical or mental impairment that prevents the pharmacist from engaging in the practice of pharmacy with reasonable skill, competence, and safety to the public.
(b) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, the Board shall not restrict, suspend, or revoke a license to practice pharmacy or limit a licensee's right to engage in the practice of pharmacy until the Board gives to the licensee proper notice and opportunity to be heard.
24 Del. Laws, c. 140, §  4;  Code 1915, §  865;  32 Del. Laws, c. 45, §  1;  Code 1935, §  945;  24 Del. C. 1953, §  2527;  53 Del. Laws, c. 90, §  10;  53 Del. Laws, c. 267;  54 Del. Laws, c. 253;  55 Del. Laws, c. 316, §  2;  59 Del. Laws, c. 318, §  4;  62 Del. Laws, c. 251, §  11;  65 Del. Laws, c. 355, §  1;  65 Del. Laws, c. 378, §  4;  68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 262, §§  44, 45;  75 Del. Laws, c. 436, §§  24-26;  76 Del. Laws, c. 167, §  1;  79 Del. Laws, c. 238, §  1;  80 Del. Laws, c. 80, §  13;  83 Del. Laws, c. 52, § 14;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 158, § 1;