2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter I. Objectives; Definitions; Board of Pharmacy › § 2506. Authority of the Board.

§ 2506. Authority of the Board.
(a) The Board of Pharmacy has the authority to:
(1) Promulgate rules and regulations in accordance with the procedures specified in the Administrative Procedures Act [Chapter 101 of Title 29];
(2) Designate the application form to be used by all applicants and to process all applications pursuant to this chapter;
(3) Designate the national standardized examinations in pharmacy and jurisprudence as approved by the National Association of Boards of Pharmacy, or its successor, to be taken by a person applying for a license to practice pharmacy;
(4) Evaluate the credentials of each person applying for a license to practice pharmacy in order to determine whether the person meets the qualifications set forth in this chapter;
(5) Grant a license to and renew the license of each person who qualifies for a license to practice pharmacy; and grant or renew a license with restrictions, if appropriate, as a reasonable accommodation to an applicant with a disability;
(6) Establish by regulation continuing education standards required for license renewal;
(7) Evaluate certified records, including criminal history records, to determine whether an applicant for licensure who previously has been licensed, certified, or registered in another jurisdiction to practice pharmacy has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against the applicant for such acts or offenses;
(8) Maintain a registry of interns;
(9) Refer all complaints from licensees and the public concerning persons licensed under this chapter, or concerning the practices of the Board or the profession, to the Division for investigation pursuant to § 8735 of Title 29 and assign a member of the Board to assist the Division in an advisory capacity with the investigation for the technical aspects of the complaint;
(10) Issue subpoenas to require the attendance of persons and the production of books and papers for the purpose of conducting investigations preliminary to hearings and for the purpose of eliciting testimony at hearings. A person who is subpoenaed may be required to testify in any and all matters within the jurisdiction of the Board. Subpoenas may be issued by the Director of the Division of Professional Regulation or the Executive Secretary of the Board and are enforceable by the Superior Court;
(11) Conduct hearings and issue orders in accordance with the procedures established in the Administrative Procedures Act in Chapter 101 of Title 29;
(12) Designate and impose an appropriate sanction or penalty, if it has been determined after a hearing that a sanction or penalty should be imposed;
(13) Evaluate applications and issue permits to pharmacies or other establishments, as provided under this chapter;
(14) Join professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of pharmacy for the protection of the health, safety, and welfare of the public and whose activities assist and facilitate the work of the Board, and pay annual dues to the organizations and associations joined;
(15) Regulate the sale and dispensing of drugs and other materials, including the right to seize any drugs and other materials found by the Board to be detrimental to the public health, safety, or welfare, in accordance with Chapter 33 of Title 16;
(16) Regulate the purity and quality of drugs and other materials within the practice of pharmacy;
(17) Promulgate rules and regulations to implement the law relating to pure drugs, pursuant to § 3315 of Title 16;
(18) Appoint public members and pharmacists to the Pharmacy Regulatory Council of the Board of Medical Licensure and Discipline.
(b) The Board of Pharmacy shall promulgate regulations specifically identifying those crimes, which are substantially related to the practice of pharmacy.
(c) The Board shall submit a written report to the Governor within 3 months after the conclusion of each fiscal year and shall make the report available to anyone requesting a copy.
24 Del. Laws, c. 140, §§  9, 12;  24 Del. Laws, c. 141, §§  1, 2;  Code 1915, §§  858, 861, 868, 875;  28 Del. Laws, c. 62;  29 Del. Laws, c. 55;  36 Del. Laws, c. 103, §  1;  Code 1935, §§  938, 941, 948, 956;  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, 2509;  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;  72 Del. Laws, c. 159, §  1;  74 Del. Laws, c. 262, §  43;  76 Del. Laws, c. 167, §  1;  77 Del. Laws, c. 319, §  1;