reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter I. Objectives; Definitions; Board of Pharmacy › § 2504. Organization; meetings; officers; quorum; Executive Secretary.

§ 2504. Organization; meetings; officers; quorum; Executive Secretary.
(a) The Board shall hold regularly scheduled business meetings at least 6 times in a calendar year, and at other times as the President of the Board considers necessary, and at the request of a majority of the Board members.
(b) The Board shall elect annually a president and other officers as it considers appropriate and necessary to conduct business. Each term of office is for 1 year. An officer may not serve for more than 3 consecutive terms in the same office.
(c) The Executive Secretary, who is an ex officio member of the Board without a vote, is responsible for the performance of the regular administrative functions of the Board and other duties as the Board may direct.
(d) A majority of the members of the Board constitutes a quorum for the purpose of transacting business; however, no disciplinary action may be taken without the affirmative vote of at least 5 members.
(e) Minutes of all meetings must be recorded. The Executive Secretary shall maintain copies of the recorded minutes. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared must be made. The person requesting a transcript incurs the expense of preparing the transcript.
24 Del. Laws, c. 140, §  8;  Code 1915, §  857;  Code 1935, §  937;  45 Del. Laws, c. 90, §  1;  24 Del. C. 1953, §  2502;  59 Del. Laws, c. 318, §  2;  68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter I. Objectives; Definitions; Board of Pharmacy › § 2505. Records.

§ 2505. Records.
The Executive Secretary shall keep complete records relating to meetings of the Board, examinations, rosters of licensees and permit holders, changes and additions to the Board's rules and regulations, complaints, hearings, and other matters as the Board determines. Records kept in accord with this section are prima facie evidence of the proceedings of the Board.
76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter II. Licensure › § 2507. License required.

§ 2507. License required.
(a) A person may not, in this State, engage in the practice of pharmacy or hold himself or herself out to the public as being qualified to practice pharmacy, or use in connection with that person's own name, or otherwise assume or use, a title or description conveying or tending to convey the impression that the person is qualified to practice pharmacy, except as provided in this chapter.
(b) No person who has not been issued a certificate as a pharmacist or who is not a pharmacy intern, or a pharmacy student participating in an approved College of Pharmacy coordinated practical experience program under the direct supervision of a licensed pharmacist, within the meaning of this chapter, shall certify a prescription, perform drug utilization reviews, provide drug information requiring clinical or technical knowledge, counsel patients, receive new verbal prescription orders without recorded backup, or contact a prescriber concerning prescription drug order interpretation or therapy modification. Other responsibilities may be delegated to a certified pharmacy technician or pharmacy technicians who are under the direct supervision of a pharmacist.
(c) It is unlawful for a person to practice pharmacy in this State if the person's license to practice pharmacy expires, is placed on inactive status, or is suspended or revoked.
(d) The penalty for a violation of this section is, for a first conviction, a fine of not less than $500 nor more than $1000, and for a second or subsequent conviction, a fine of not less than $1000 nor more than $2000.
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;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter II. Licensure › § 2509. Examination.

§ 2509. Examination.
(a) The Board shall adopt the administration, grading procedures, and passing score of the North American Pharmacist Licensure Examination (NAPLEX) and the Multistate Pharmacy Jurisprudence Examination (MPJE) or of comparable alternative national examinations.
(b) The Board shall determine in its rules and regulations the frequency and conditions under which a candidate may retest after a failure.
24 Del. Laws, c. 140, §  3;  Code 1915, §  864;  35 Del. Laws, c. 56, §  1;  Code 1935, §  944;  41 Del. Laws, c. 87, §  1;  42 Del. Laws, c. 91, §  1;  46 Del. Laws, c. 95, §  2;  24 Del. C. 1953, §  2523;  53 Del. Laws, c. 90, §  7;  58 Del. Laws, c. 511, §  57;  59 Del. Laws, c. 318, §  3;  64 Del. Laws, c. 167, §  1;  68 Del. Laws, c. 206, §  1;  75 Del. Laws, c. 436, §  22;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter II. Licensure › § 2510. Reciprocity.

§ 2510. Reciprocity.
(a) The Board shall grant a license to practice pharmacy to a reciprocal applicant who pays the appropriate fee, submits a completed application on forms provided by the Board and which completed application is accepted by the Board, and who otherwise qualifies pursuant to subsection (b) of this section and sends proof to the Board that:
(1) The reciprocal applicant's current licensure is in good standing in another state, the District of Columbia, or a territory of the United States;
(2) The reciprocal applicant passed the NAPLEX and MPJE or a comparable alternative national examination adopted by the Board for this State; and
(3) The reciprocal applicant passed the examination of the Foreign Pharmacy Graduate Examination Committee (FPGEC) of the National Association of Boards of Pharmacy Foundation (NABP), if the applicant is a graduate of a foreign school of pharmacy.
(b) The provisions of § 2508(c), (d), (e), and (f) of this title apply to reciprocal applicants. If a disciplinary proceeding or unresolved complaint is pending against a reciprocal applicant, the reciprocal applicant may not be licensed in this State until the proceeding or complaint has been resolved to the satisfaction of the Board. A reciprocal applicant for licensure in this State is deemed to have given consent to the release of information regarding disciplinary proceedings and unresolved complaints and to have waived all objections to the admissibility of the information as evidence at any hearing or other proceeding to which the reciprocal applicant may be subjected.
(c) A reciprocal applicant is not required to obtain practical experience pursuant to § 2508(b) of this title.
24 Del. Laws, c. 140, §  3;  Code 1915, §  864;  35 Del. Laws, c. 56, §  1;  Code 1935, §  944;  41 Del. Laws, c. 87, §  1;  42 Del. Laws, c. 91, §  1;  46 Del. Laws, c. 95, §  2;  24 Del. C. 1953, §  2523;  53 Del. Laws, c. 90, §  7;  58 Del. Laws, c. 511, §  57;  59 Del. Laws, c. 318, §  3;  64 Del. Laws, c. 167, §  1;  68 Del. Laws, c. 206, §  1;  75 Del. Laws, c. 436, §  23;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter II. Licensure › § 2511. Fees.

§ 2511. Fees.
The amount charged by the Division for each fee imposed under this chapter must approximate and reasonably reflect the cost necessary to defray the expenses of the Board as well as the proportional expenses incurred by the Division in its services or activities on behalf of the Board. A separate fee may be charged for each service or activity. At the beginning of each licensure biennium, the Division, or a state agency acting on its behalf, shall compute and set the fee for the licensure biennium.
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;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter II. Licensure › § 2512. Issuance and renewal of license.

§ 2512. Issuance and renewal of license.
(a) The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure to practice pharmacy and who pays the fee established under § 2511 of this title.
(b) A license to practice pharmacy must be renewed biennially, in a manner determined by the Division. License renewal must include the completion and submission of a renewal form provided by the Division, payment of the appropriate fee, and proof that the licensee has met the continuing education requirements established by the Board.
(c) The Board shall not renew any license to any applicant unless and until the applicant has offered proof that the applicant has completed continuing professional education relating to:
(1) The distribution, dispensing or delivery of controlled substances, as defined in this chapter; or
(2) The detection and recognition of symptoms, patterns of behavior, or other characteristic of impairment and dependency resulting from the abusive or illegal use of controlled substances; and
(3) Other topics as the Board deems appropriate.
(d) The Board, in its rules and regulations, shall determine the period of time within which a licensee may renew that licensee's own license, notwithstanding the fact that the licensee failed to renew that licensee's own license on or before the designated renewal date; provided, however, that the period of time may not exceed 1 year beyond the designated renewal date.
(e) A licensee, upon the licensee's written request, may be placed on inactive status for no more than 4 years. A licensee on inactive status who desires to reactivate that licensee's own license shall complete and submit an application form approved by the Board, submit the renewal fee set by the Division, and submit proof of fulfillment of the continuing education requirements established by the Board.
(f) If a licensee is on inactive status for more than 4 years, that licensee may be relicensed, but only by following the reentry process established by the Board in its rules and regulations.
24 Del. Laws, c. 140, §§  4, 6;  Code 1915, §§  865, 867;  32 Del. Laws, c. 45, §  1;  Code 1935, §§  945, 947;  24 Del. C. 1953, §§  2524, 2525;  49 Del. Laws, c. 263;  53 Del. Laws, c. 90, §  8;  62 Del. Laws, c. 251, §§  7-9;  64 Del. Laws, c. 247, §  1;  68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 167, §  1;  79 Del. Laws, c. 193, §  5;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter II. Licensure › § 2513. Temporary license.

§ 2513. Temporary license.
The Executive Secretary may issue a temporary, 90-day license to practice pharmacy to a person who has made application for a permanent license and whose application is pending. In issuing a temporary, 90-day license, the Board may impose conditions as it considers appropriate, including, but not limited to, restrictions on the practice of pharmacy. The Board may grant 1 90-day extension of a temporary license.
76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter II. Licensure › § 2514. Complaints.

§ 2514. Complaints.
(a) All complaints received by the Division must be investigated in accordance with § 8735 of Title 29.
(b) If the Board determines that a person is engaging in or has engaged in the practice of pharmacy or is using the title “pharmacist” and is not licensed to practice pharmacy pursuant to § 2507 of this title, the Board shall request that the Office of the Attorney General issue a cease and desist order.
24 Del. Laws, c. 140, §  16;  Code 1915, §  872;  32 Del. Laws, c. 45, §  2;  Code 1935, §  952;  24 Del. C. 1953, §  2529;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter II. Licensure › § 2516. Disciplinary sanctions.

§ 2516. Disciplinary sanctions.
(a) The Board may impose any of the following sanctions, singly or in combination, when it determines that a person licensed to practice pharmacy has violated a ground for discipline set forth in § 2515 of this title:
(1) Issue a letter of reprimand to the licensee;
(2) Censure the licensee;
(3) Place the licensee on probationary status and require the licensee to:
a. Report regularly to the Board upon the matters that are the basis of the probation; and/or
b. Limit all practice and professional activities to those areas prescribed by the Board;
(4) Suspend the license of the licensee;
(5) Revoke the license of the licensee;
(6) Impose an administrative penalty, not to exceed $500 for each violation.
(b) The Board may withdraw or reduce conditions of probation imposed pursuant to paragraph (a)(3) of this section, if it finds that the deficiencies that required the conditions of probation to be imposed have been remedied.
(c) If the Board suspends a license to practice pharmacy due to an impairment of the licensee, the Board may reinstate the license if, after a hearing, the Board is satisfied that the licensee is able to practice pharmacy with reasonable skill, competence, and safety to the public.
24 Del. C. 1953, §  2531;  53 Del. Laws, c. 90, §§  12-16;  62 Del. Laws, c. 251, §  12;  63 Del. Laws, c. 234, §  1;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter II. Licensure › § 2517. Hearing procedures.

§ 2517. Hearing procedures.
(a) If a complaint alleging a violation of § 2515 of this title is filed with the Board pursuant to § 8735(h) of Title 29, the Board shall set a time and place to conduct a hearing on the complaint. The Board shall give notice of the hearing and shall conduct the hearing in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(b) A hearing pursuant to this section is informal, without the use of the Rules of Evidence. If the Board decides by a majority vote of all members that the complaint has merit, the Board may take any action permitted under this chapter that the Board considers necessary. The Board's decision must be in writing and must include the reasons for the decision. The Board shall immediately mail its decision to the licensee or personally serve the licensee with the decision.
(c) If a licensee is in disagreement with the decision of the Board, the licensee may appeal the Board's decision to the Superior Court within 30 days of the postmarked date of the copy of the decision mailed to that licensee, or within 30 days of service. 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.
24 Del. Laws, c. 140, §  4;  32 Del. Laws, c. 45, §  1;  34 Del. Laws, c. 71;  Code 1915, §  874A;  Code 1935, §§  945, 955, 956E;  41 Del. Laws, c. 87, §  6;  46 Del. Laws, c. 143, §  1;  24 Del. C. 1953, §§  2527, 2586;  49 Del. Laws, c. 220, §  27;  53 Del. Laws, c. 267;  54 Del. Laws, c. 253;  55 Del. Laws, c. 316, §  2;  59 Del. Laws, c. 318, §§  4, 9;  62 Del. Laws, c. 251, §  11;  65 Del. Laws, c. 355, §  1;  65 Del. Laws, c. 378, §  4;  68 Del. Laws, c. 206, §  1;  69 Del. Laws, c. 423, §  23;  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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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 any of the following:
(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.
(9) a. A practitioner from dispensing the unused portion of practitioner-dispensed medication to the patient upon discharge or the conclusion of the visit if the practitioner-dispensed medication is labeled consistent with the requirements under § 2522 of this title and required for continuing treatment. If the practitioner-dispensed medication is used in an operating room or emergency department, the practitioner must counsel the patient on the proper use and administration of the drug.
b. A practitioner who fails to comply with paragraph (9)a. of this section is subject to disciplinary sanction under this title.
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;  84 Del. Laws, c. 158, § 2;
2023 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;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter III. Miscellaneous provisions › § 2525. Testing, screening, and treatment of health conditions.

§ 2525. Testing, screening, and treatment of health conditions.
(a) Pursuant to a statewide written protocol approved by the Division of Public Health, a pharmacist may order, test, screen, and treat health conditions that include all of the following:
(1) Influenza.
(2) Group A streptococcus pharyngitis.
(3) SARS-COV-2 or other respiratory illness, condition, or disease.
(4) Lice.
(5) Skin conditions, including ringworm and athlete's foot.
(6) Other emerging and existing public health threats identified by the Division of Public Health if permitted by an order, rule, or regulation.
(b) A pharmacist who orders, tests, screens, or treats health conditions under this section may use any test that may guide clinical decision making that is waived under the federal Clinical Laboratory Improvement Amendments of 1988 [42 U.S.C. § 263a], or the federal rules adopted thereunder, or any established screening procedure that is established via a statewide protocol.
(c) A pharmacist may delegate the administrative and technical tasks of performing a test waived by the federal Clinical Laboratory Improvement Amendments of 1988 to an intern or pharmacy technician acting under the supervision of the pharmacist.
(d) Prohibit the denial of reimbursement under health benefit plans for services and procedures performed by a pharmacist that are within the scope of the pharmacist's license and would be covered if the services or procedures were performed by a physician, an advanced practice nurse, or physicians assistant.
83 Del. Laws, c. 439, § 1;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter IV. Pharmacies › § 2533. Prescription department.

§ 2533. Prescription department.
(a) A pharmacy must contain a secure room or area with a door that can be locked when the pharmacy is without the attendance and supervision of a pharmacist. The secure room or area, known as the prescription department, must contain the entire stock of prescription drugs, chemicals, and preparations used in compounding and preparing prescriptions.
(b) Only a pharmacist is authorized to unlock and lock the prescription department of a pharmacy.
(c) A sign giving the name of the pharmacist-on-duty must at all times be posted in the vicinity of the prescription department of a pharmacy.
(d) During the absence of a pharmacist, the prescription department of a pharmacy must be locked until the pharmacist returns to duty. However, the merchandising section of the pharmacy may remain open.
(e) A prescription department must have at least 250 square feet of floor space. The counter inside the prescription department must be at least 18 inches wide and must have 4 linear feet for each pharmacist working concurrently on dispensing and compounding prescriptions. The counter must be kept clear and free of all merchandise and other materials not currently in use in dispensing and compounding prescriptions. The aisle behind the counter must be at least 30 inches wide and must be kept free of obstruction at all times. A prescription department which existed on February 11, 1992, is exempt from the requirements of this subsection unless the department is remodeled or relocated.
Code 1935, §  942;  46 Del. Laws, c. 142, §  1;  24 Del. C. 1953, §  2561;  53 Del. Laws, c. 90, §§  23-25;  59 Del. Laws, c. 318, §  5;  68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter IV. Pharmacies › § 2534. Inspections.

§ 2534. Inspections.
(a) An agent of the Board may enter and inspect during business hours any pharmacy or other place in this State where drugs are manufactured, packed, packaged, stocked, distributed, dispensed, or offered for sale.
(b) An agent of the Board acting pursuant to subsection (a) of this section:
may inspect and copy records required by this chapter to be kept; may inspect within reasonable limits and in a reasonable manner the premises and all pertinent equipment, finished and unfinished materials, containers, and labeling found therein; may inspect other things therein, including records, files, papers, processes, controls, and facilities relating to a violation of this chapter; and may make an inventory of the stock of drugs therein and obtain samples of drugs and other substances.
(c) All information gathered under this section is to be kept confidential in accordance with all federal and state laws governing privacy.
Code 1935, §  956D;  41 Del. Laws, c. 87, §  5;  24 Del. C. 1953, §  2562;  68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 149, §  214;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter IV. Pharmacies › § 2535. Nonresident pharmacies.

§ 2535. Nonresident pharmacies.
(a) A pharmacy located outside the State which delivers in any manner a prescription drug to a patient in the State is a nonresident pharmacy and must obtain a permit to conduct business in this State. A nonresident pharmacy may not deliver in any manner a prescription drug to a patient in this State unless it has a permit to do so issued by the Board.
(b) If a nonresident pharmacy which has a permit issued pursuant to this section delivers in any manner a prescription drug and the prescription drug is not personally hand delivered to the patient, a written notice must be placed in the shipping container to alert the patient that:
(1) Under certain circumstances a prescription drug's effectiveness may be affected by exposure to extremes of heat, cold, or humidity; and
(2) A local or a toll-free telephone service is available, staffed by a registered pharmacist, to answer questions about the prescription drug.
68 Del. Laws, c. 206, §  1;  71 Del. Laws, c. 474, §§  1, 2;  76 Del. Laws, c. 167, §  1;
2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 25. PHARMACY › Subchapter IV. Pharmacies › § 2536. Nonresident pharmacies: service of process; registered agent.

§ 2536. Nonresident pharmacies:
service of process; registered agent.
A nonresident pharmacy must designate a registered agent in Delaware for service of process. A nonresident pharmacy that does not designate a registered agent is deemed to have appointed the Secretary of State to be its agent upon whom may be served all legal process in any action or proceeding against the nonresident pharmacy relating to the delivery in any manner of prescription drugs into this State. In any action or proceeding against a nonresident pharmacy, a copy of service of process must be mailed to the nonresident pharmacy by the complaining party by certified mail, return receipt requested, at the address of the nonresident pharmacy, as designated on the nonresident pharmacy's permit application to conduct business in this State. A nonresident pharmacy which does not obtain a permit in this State pursuant to this chapter is deemed to have consented to service of process on the Secretary of State as sufficient service.
68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;