CHAPTER 87 - STATE BOARD OF PHARMACY

AN ACT TO AMEND CHAPTER 28 OF THE REVISED CODE OF THE STATE OF DELAWARE, 1935, IN RELATION TO THE STATE BOARD OF PHARMACY.

Be it enacted by the Senate and the House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected to each House concurring therein):

Section 1. That Chapter 28 of the Revised Code of the State of Delaware, 1935, be and the same hereby is amended by repealing 944. Sec. 9, and inserting in lieu thereof a new section to be known as 944. Sec. 9, as follows:

944. Sec. 9. Qualifications of Applicants for License as Pharmacist and Assistant Pharmacist:--An applicant to be licensed as a pharmacist shall be not less than twenty-one years of age, shall present to the Board of Pharmacy satisfactory evidence that he is a graduate of a recognized school or college of pharmacy and shall pass a satisfactory examination by or under the direction of the Board of Pharmacy.

An applicant to be licensed as an assistant pharmacist shall be not less than eighteen years of age, shall have a general education sufficient in the judgment of the Board of Pharmacy, shall have not less than two years' experience in pharmacy under the instruction of a licensed pharmacist, and shall pass a satisfactory examination by or under the direction of the Board of Pharmacy.

Provided, however, that in the case of persons who have attended a reputable school or college of pharmacy the actual time of attendance. at such school or college may, in the discretion of the Board of Pharmacy, be deducted from the time of experience required of pharmacists and assistant pharmacists, but in no case shall less than two years' experience be required for registration as a licensed pharmacist.

Section 2. That Chapter 28 of the Revised Code of the State of Delaware, 1935, be and the same hereby is amended by adding thereto a new section to be known as 956A Sec. 22, as follows:

956A. Sec. 22. It shall be unlawful for any person, co-partnership, association or corporation to operate, maintain, open or establish any pharmacy within this State without first having obtained a permit so to do from the State Board of Pharmacy.

The application for such permit shall be made on a form to be prescribed and furnished by the said State Board of Pharmacy and shall be accompanied by a required fee of One Dollar ($1.00), which amount shall also be paid as the fee for each renewal of such permit.

If it is desired to operate, maintain, open or establish more than one pharmacy, separate applications shall be made and separate permits issued for each.

On evidence satisfactory to the said State Board of Pharmacy: (a) that the pharmacy for which the permit is sought will be conducted in full compliance with the law and with the rules and regulations of the said State Board of Pharmacy; (b) that the location and appointments of said pharmacy are such that it can be operated and maintained without endangering the public health or safety; and (c) that said pharmacy will be constantly under the personal and immediate supervision of a registered pharmacist, a permit shall be issued to such persons, co-partnerships, associations or corporations as the said Delaware Board of Pharmacy shall deem qualified to conduct such pharmacy.

No permit shall be issued or continued for the conduct of a pharmacy unless the premises of such pharmacy shall be equipped with proper sanitary appliances and kept in a clean and orderly manner.

If an application shall be refused, the said State Board of Pharmacy shall notify the applicant in writing of its decision and the reasons therefor.

Permits issued under the provisions of this section shall be exposed in a conspicuous place in the pharmacy for which issued. Such permits shall not be transferable; shall expire on the last day of December following the date of issue, and shall be renewed annually.

Application blanks for renewal permits shall be mailed by the State Board of Pharmacy to each permittee on or before November 1st in each year, and if application for renewal is not made on or before the following first day of December, the existing permit shall lapse and become null and void on the date of its expiration, and no new permit will be granted except: (a) upon evidence satisfactory to the said State Board of Pharmacy of good and sufficient grounds of the failure to file the application for renewal within the time prescribed; and (b) upon payment of a renewal fee of Five Dollars ($5.00).

The said State Board of Pharmacy shall make such rules and regulations, not inconsistent with law, as may be necessary to carry out the purposes and enforce the provisions of this section, and is hereby authorized, after due notice and opportunity for hearing, to revoke any permit when examination or inspection of the pharmacy shall disclose that such pharmacy is not being conducted according to law or is being so conducted as to endanger the public health or safety.

Any person, co-partnership, association or corporation, to whom the said State Board of Pharmacy has refused to issue a permit, or whose permit has been revoked," may appeal from the decision and order of said State Board of Pharmacy to the Superior Court of the State of Delaware for the County in which the pharmacy or proposed pharmacy in question is or is intended to be located, at any time within thirty (30) days after the date of the receipt by the applicant of the decision of the said State Board of Pharmacy; provided, however, that if the appellant shall give bond with surety to be approved by a Judge of said Superior Court in the penal sum of Five Hundred Dollars ($500.00) conditioned to pay all costs if the decision and order appealed from shall be affirmed, and to abide in all respects with the orders and decrees of said Superior Court on said appeal, the execution of said decision and order shall be stayed pending such appeal.

Any person, co-partnership, association or corporation, violating any of the provisions of this section, shall, upon conviction, be deemed guilty of a misdemeanor and fined not more than One Hundred Dollars ($100.00) for each offense, and each and every day such violation continues shall constitute a separate and distinct offense.

Section 3. That Chapter 28 of the Revised Code of the State of Delaware, 1935, be and the same hereby is amended by adding thereto a new section to be known as 956B. Sec. 23, as follows:

956B. Sec. 23. No drugs, or medicines, toilet preparations, dentifrices or cosmetics shall be manufactured, made, produced, packed, packaged, or prepared within this State, except under the personal and immediate supervision of a registered pharmacist or such other persons as may be approved by the State Board of Pharmacy after an investigation and a determination by the said Board that they are qualified by scientific or technical training and/or experience to perform such duties of supervision as may be necessary to protect the public health and safety; and no person shall manufacture, make, produce, pack, package or prepare any such articles without first obtaining a permit so to do from the State Board of Pharmacy. Such permit shall be subject to such rules and regulations, with respect to sanitation and/or equipment, as the said Board of Pharmacy may from time to time adopt for the protection of the public health and safety.

The application for such permit shall be made on a form to be prescribed and furnished by the said State Board of Pharmacy, and shall be accompanied by a required fee of One Dollar ($1.00), which amount shall also be paid as the fee for each renewal of such permit. Separate applications shall be made and separate permits issued for each separate place of manufacture, making, production, packing, packaging or preparation.

Permits issued under the provisions of this section shall be exposed in a conspicuous place in the factory or place for which issued; such permits shall not be transferable; shall expire on the last day of December following the date of issue and shall be renewed annually.

Any person aggrieved by any rule or regulation promulgated by the said State Board of Pharmacy under the provisions of this section shall be entitled to have his complaint set down for hearing by said Board. Requests for such hearings shall be made in writing and shall specify in detail the basis for the complaint, and the hearing shall be held within ten (10) days from the date of the receipt of said request by the said board, unless postponed by mutual agreement.

The said board shall have the power to make such rules and regulations with respect to the conduct of such hearings as may be necessary.

Any person aggrieved by any order of the said Board of Pharmacy, passed after such hearing, may appeal therefrom to the Superior Court of the State of Delaware for the County in which such person resides, any time within thirty (30) days after the passage of the said order; and upon said appeal, the Court shall hear and determine the issues raised thereby de novo.

Any person, firm or corporation violating any of the provisions of this section, and any permittee hereunder who shall violate any of the conditions of his permit or any of the rules or regulations adopted by the said State Board of Pharmacy in pursuance of the power hereby conferred, shall, upon conviction, be deemed guilty of a misdemeanor and fined not more than Fifty Dollars ($50.00) for each offense, and each and every day such violation continues shall constitute a separate and distinct offense; and, upon conviction of a permittee hereunder, his permit shall also forthwith be revoked and become null and void.

Nothing in this section shall be construed to apply to those operating retail pharmacies or drug stores.

Section 4. That Chapter 28 of the Revised Code of the State of Delaware, 1935, be and the same hereby is amended by adding thereto a new section to be known as 956C. Sec. 24, as follows:

956C. Sec. 24. Every registered pharmacy must be equipped with proper pharmaceutical utensils so that prescriptions can be properly filled and United States Pharmacopoeia and National Formulary preparations properly compounded. The Delaware Board of Pharmacy shall prescribe the minimum of such professional and technical equipment which a pharmacy shall at all times possess. No permit shall be issued or continued for the conduct of a pharmacy until the provisions of this section shall have been complied with, and any person violating this section shall, upon conviction, be deemed guilty of a misdemeanor and fined not more than Fifty Dollars ($50.00).

Section 5. That Chapter 28 of the Revised Code of the State of Delaware, 1935, be and the same hereby is amended by adding thereto a new section to be known as 956D. Sec. 25, as follows:

956D. Sec. 25. The members of the State Board of Pharmacy and the duly authorized agents and employees of the Delaware State Board of Health shall have the power to inspect in a lawful manner the medicines or drugs or drug products or domestic remedies which are manufactured, packed, packaged, made, sold, offered for sale, exposed for sale, or kept for sale, in the State, and for this purpose shall have the right to enter and inspect during business hours any pharmacy or any other place in the State of Delaware where medicines or drugs or drug products or domestic remedies are manufactured, packed, packaged, made, sold, offered for sale, exposed for sale, or kept for sale. The State Board of Pharmacy and its duly authorized agents and representatives, and the State Board of Health and its duly authorized agents and representatives, shall have the power to inspect in a lawful manner the medicines or drugs or drug products or domestic remedies which are manufactured, packed, packaged, made, sold, offered for sale, exposed for sale, or kept for sale in the State, and for this purpose shall have the right to enter and inspect during business hours any pharmacy or other place in the State of Delaware where medicines or drugs or drug products or domestic remedies are manufactured, packed, packaged, made, sold, offered for sale, exposed for sale, or kept for sale.

The State Board of Pharmacy be and it is hereby authorized and empowered to employ such agents, representatives and inspectors as may be necessary to give effect to the provisions of this paragraph and to assure the proper enforcement of the other provisions of this chapter.

Any person who shall in any manner hinder such entry or inspection shall be deemed guilty of a misdemeanor and, upon conviction thereof, be fined not more than One Hundred Dollars ($100.00) for each offense.

Section 6. That Chapter 28 of the Revised Code of the State of Delaware, 1935, be and the same hereby is amended by repealing 955 Sec. 20 and by inserting a new section to be known as 955. Sec. 20, as follows:

955. Sec. 20. Any Justice of the Peace of the State of Delaware, or the Municipal Court of the City of Wilmington, shall have jurisdiction of any offense arising under this Chapter as amended, and each and every section and amended section thereof. Any person, firm or corporation convicted of such offense, before any such Justice of the Peace or the Municipal Court, shall have the right to appeal to the Court of General Sessions in and for the County, in which said conviction was had, upon giving bond in the sum of Two Hundred Dollars ($200.00) to the State of Delaware, with surety satisfactory to the said Justice of the Peace or Judge of the Municipal Court, by whom said person was convicted, provided such appeal shall be taken and bond given within three days from the time of said conviction.

Section 7. If any clause, sentence, or paragraph or part of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Act but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered.

Approved April 29, 1937.