CHAPTER 142

STATE BOARD OF PHARMACY PROVIDING METHOD FOR KEEPING DRUGS

AN ACT TO AMEND CHAPTER 28 OF THE REVISED CODE OF DELAWARE, 1935, ENTITLED, "STATE BOARD OF PHARMACY", BY PROVIDING THE METHOD IN WHICH PRESCRIPTION DRUGS, CHEMICALS AND PREPARATIONS USED IN COMPOUNDING MEDICINES AND PRESCRIPTIONS SHALL BE KEPT.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That Chapter 28 of the Revised Code of Delaware, 1935, entitled, "State Board of Pharmacy", be amended by adding at the end of 942. Sec. 7. thereof the following new paragraphs:

Except in stores in which a pharmacist or assistant pharmacist is on duty at all times the store is open for business, the owner of the business or the pharmacist making application for a permit to conduct a pharmacy must agree to place his entire stock of prescription drugs, chemicals and preparations used in compounding medicines and prescriptions, including all poisons, narcotic drugs, hypnotic drugs and all opened package drugs, liquids, tablets, pills, or preparations of whatever character the dispensing or sale of which is restricted to a registered pharmacist, or an assistant pharmacist, in a room or adequately partitioned-off section of the pharmacy or store room, which room or section must be provided with a door or doors which can be locked when the store is without the attendance and supervision of a pharmacist or assistant pharmacist.

The pharmacist or assistant pharmacist in charge of the pharmacy to which the provisions of this Act are applicable shall at all times carry the key or keys to such prescription department.

Nothing herein contained shall be construed to prevent the use of the balance of the store for the sale of other merchandise when the said room or partitioned-off section shall be closed and locked as provided for herein.

When the above requirements are faithfully complied with, it will be lawful for the pharmacist or assistant pharmacist in charge of such pharmacy to be absent from the pharmacy without the necessity of closing the merchandising section of the store. During such absence the prescription room or partitioned-off section must be locked up until the return of the pharmacist or assistant pharmacist to duty, and a conspicuous sign with letters not less than three inches in height, reading PRESCRIPTION LABORATORY TEMPORARILY CLOSED, NO PROFESSIONAL SERVICES RENDERED, must be posted in the front section of the store or in front of said prescription room or partitioned-off section where it can be seen by the public.

If the prescription department of any store having a permit to conduct a pharmacy shall be closed for more than fourteen consecutive days, the Board of Pharmacy shall have the right to revoke the pharmacy permit that had been granted to said store, unless it be shown to said Board that the closing of said prescription department was due to a cause satisfactory to the State Board of Pharmacy.

The State Board of Pharmacy shall have the power to enforce the provisions of this Chapter and shall make rules and regulations for their enforcement.

Approved April 3, 1947.