CHAPTER 90

AN ACT TO AMEND CHAPTER 25, TITLE 24, DELAWARE CODE, CONCERNING DRUGS, PHARMACIES, PHARMACISTS, AND THE STATE BOARD OF PHARMACY.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 2501, Title 24, Delaware Code is amended by striking out subsections (a) and (b) of said section and substituting in lieu thereof new subsections (a) and (b) as follows:

(a) The State Board of Pharmacy, heretofore established and hereinafter in this chapter referred to as the "Board" shall consist of five persons who are (1) graduates of a school or college of pharmacy, accredited by the American Association of Colleges of Pharmacy at the time of such graduation, (2) licensed as pharmacists in this State, (3) residents of this State and actively engaged in the practice of pharmacy in this State, and (4) appointed by the Governor for terms of five years from the first day of July in the year of appointment. One member shall be appointed each year.

(b) Annually, on or before the first day of June, the Delaware Pharmaceutical Society shall submit to the Governor the names of five persons who are qualified to serve on the Board, and from this number the Governor shall appoint one member to fill the vacancy annually occurring in the Board. Vacancies occurring for any cause other than the expiration of term shall be filled in like manner, for the unexpired term.

Section 2. Section 2503, Title 24, Delaware Code, is amended by striking out the words "and assistant pharmacists" in the second and third lines of subsection (b) and in the second and third lines of subsection (e).

Section 3. Section 2505, Title 24, Delaware Code, is amended by striking out and repealing the entire section as it now exists and substituting in lieu thereof a new section 2505, as follows:

§ 2505. Compensation of secretary, inspectors, agents, representatives, and members

The Secretary, inspectors, agents, and representatives of the Board shall receive such compensation as may be prescribed by the Board and their necessary expenses while engaged in the performance of their official duties. The members of the Board shall each receive the sum of $25.00 for each day, or fraction of a day, actually employed in the discharge of their official duties and their necessary expenses while engaged therein.

Section 4. Section 2507, Title 24, Delaware Code, is amended by striking out and repealing the entire section, being subsections (a) and (b), and substituting in lieu thereof a new Section 2507 as follows:

§ 2507. Fees

The Board shall charge and collect the following fees:

For examination for license as pharmacist, $25 and $10 additional for certificate.

For reciprocal registration, $50.

For renewing the license of a pharmacist, $10.

For annual renewal of permit to operate a pharmacy, $25 and for change of location, $1.

For issuing or renewing permit to operate a hospital pharmacy, $1.

For issuing permit for new pharmacy or change in ownership, $25.

For issuing permit to manufacture, and for annual renewal thereof, $25.

For renewing the license of an assistant pharmacist, $10.

Section 5. Subsection (a) of Section 2508, Title 24, Delaware Code, is amended by striking from the second line thereof the words "and assistant pharmacists."

Section 6. Section 2522, Title 24, Delaware Code, is amended by striking out the phrase "or assistant pharmacist" in the first and second lines and in the last line thereof.

Section 7. Section 2523, Title 24, Delaware Code is amended by striking out and repealing the entire section as it now exists and substituting in lieu thereof a new Section 2523, as follows:

§ 2523. Qualifications of applicants for license

(a) An applicant for a license as a pharmacist, except a renewal license, shall

(1) Be not less than twenty-one years of age;

(2) Have graduated from a school or college of pharmacy, accredited by the American Association of Colleges of Pharmacy at the time of graduation;

(3) Pass such examination as may be prescribed by the Board;

(4) Have had no less than 52 weeks' experience under the supervision of a licensed pharmacist of this State or of another State, at ]east 26 weeks of which experience shall have been attained after the applicant has passed the examination prescribed by the Board. The applicant must have worked at least 40 hours in each week claimed in fulfillment of this requirement.

(b) Pharmacists licensed to practice in States other than this State may be licensed to practice in this State after having met such requirements as the Board may determine are necessary to assure that such applicant possesses qualifications comparable to those required of other applicants.

Section 8. Section 2524, Title 24, Delaware Code, is amended by striking out the words "or assistant pharmacist" in the first and fifth lines and the words "or assistant pharmacists" in the fourth line thereof.

Section 10. Section 2527, Title 24, Delaware Code, is amended by adding, at the end of said section, the following:

"Upon due notice and hearing, the Board may revoke or suspend any license or permit granted pursuant to this chapter, if the Board determines that the licensee, holder of the permit, or a person employed by such holder has violated any provision of this chapter."

Section 11. Section 2528, Title 24, Delaware Code, is repealed.

Section 12. Subsection (a) of Section 2531, Title 24, Delaware Code, is amended by striking out the phrase "shall be fined not less than $25.00 nor more than $100.00" in the fifth and sixth lines thereof and substituting in lieu thereof the phrase "shall be fined not less than $100 nor more than $1,000."

Section 13. Subsection (b) of Section 2531, Title 24, Delaware Code, is amended by striking out the phrase "or assistant pharmacist" as the same appears in the first and second lines and in the seventh line of said subsection.

Section 14. Subsection (a) of Section 2531, Title 24, Delaware Code, is amended by striking out the entire subsection after the word "title" in the fourth line thereof and by substituting therefor the phrase "shall be fined not less than $100 nor more than $1,000."

Section 15. Subsection (b) of Section 2531, Title 24, Delaware Code, is amended by striking out the phrase "shall be fined not less than $10.00 nor more than $100.00" in the tenth line thereof and by substituting in lieu thereof the phrase "shall be fined not less than $100 nor more than $1,000."

Section 16. Section 2531, Title 24, Delaware Code, is amended by striking out the phrase "shall be fined not less than $5.00 nor more than $25.00" in the fifth and sixth lines of subsection (c) and in the fifth line of subsection (d) and by substituting in each case the phrase "shall be fined not less than $100 nor more than $1,000."

Section 17. Subchapter III of Chapter 25, Title 24, being Sections 2541, 2542, 2543, 2544, 2545, and 2546, is repealed, and a new subchapter III is substituted in lieu thereof as follows:

SUBCHAPTER III. HOSPITAL PHARMACIES

§ 2541. Supervision and control

The compounding, dispensing, and control of all drugs issued in hospitals shall be under the supervision of a registered pharmacist on a fulltime or part-time basis. Hospitals unable to secure such services locally from either hospital or retail pharmacists, shall consult with the Board of Pharmacy.

This Section shall not be construed to compel or require the employment of any fulltime pharmacists.

§ 2542. Handling of drugs

The pharmacist-in-charge, with the approval of the director of the hospital, shall initiate rules, regulations, and procedures pertaining to the safe handling of drugs by hospital personnel. These rules, regulations, and procedures shall be designed to assure patient safety in the use of drugs and to assure compliance with state and federal laws concerning the handling of narcotics, barbiturates and other prescribed drugs.

Section 18. Section 2552, Title 24, Delaware Code, is amended by striking out the figures "$1.00" in the third line thereof and by substituting in lieu thereof the figure "$25."

Section 19. Section 2555, Title 24, Delaware Code, is amended by striking out the word "December" in the fourth line thereof and by substituting in lieu thereof the word "January."

Section 20. Section 2555, Title 24, Delaware Code, is amended by striking out the phrase "and (2) upon payment of a renewal fee of $5.00," in the eighth and ninth lines thereof and by substituting in lieu thereof the phrase "and (2) upon payment of a penalty of $25."

Section 21. Subsection (b) of Section 2558, Title 24, Delaware Code, is amended by striking out the word "manager" in the first line thereof and by substituting in lieu thereof the word "pharmacist."

Section 22. Section 2560, Title 24, Delaware Code, is amended by striking out the words "drug store or" in the first line and the words "store or" in the fourth line thereof.

Section 23. Section 2561, Title 24, Delaware Code, is amended by striking out the words "or assistant pharmacist" in the first, ninth and thirteenth lines of subsection (a), in the first line of subsection (b) and in the second and sixth lines of subsection (d).

Section 24. Subsection (d) of Section 2561, Title 24, Delaware Code, is amended by inserting the phrase "or words of similar import," after the comma following the word "rendered" in the third line of the second paragraph of said subsection.

Section 25. Section 2561, Title 24, Delaware Code, is amended by adding a subsection (e) as follows:

(e) No permit shall be issued for the operation of a retail pharmacy unless the prescription department, being the room or partitioned-off section aforementioned, shall consume at least 7-1/2% of the total floor area of the store.

Section 26. Section 2563, Title 24, Delaware Code, is amended by striking out the figure "$100.00", in the second line thereof, and by substituting in lieu thereof the figure "$25."

Section 27. The title of subchapter V of Chapter 25, Title 24, Delaware Code, is amended by striking out the word "retail."

Section 28. Subsection (d) of Section 2571, Title 24, Delaware Code, is amended by striking out the word "retail" and the words "or drug stores" in the second line thereof.

Section 29. Section 2572, Title 24, Delaware Code, is amended by striking out the figures "$1.00" in the third line thereof and by substituting in lieu thereof the figure 125."

Section 30. Paragraph (1) of Section 2573, Title 24, Delaware Code, is amended by striking out the word "factory" in the first line thereof and by substituting in lieu thereof the word "laboratory."

Section 31. Section 2583, Title 24, Delaware Code, is amended by inserting a comma after the words "public outcry" in the second line of said section and by inserting after such comma the words "by vending machine."

Section 32. Subsection (a) of Section 2584, Title 24, Delaware Code, is amended by striking out the first paragraph, being the first six lines, of said subsection and by substituting in lieu thereof the following paragraph:

It shall be unlawful to sell any drug, chemical, or preparation likely to be deleterious' or destructive to adult human life in quantities of sixty grains or less except in the following manner:

Section 33. Chapter 25, Title 24, Delaware Code, is amended by adding a new section, to be Section 2589, as follows:

§ 2589. Substitution of drugs.

Any person or corporation engaged in the business of selling drugs, medicines, chemicals or preparations for medicinal use or of compounding or dispensing physicians' prescriptions, who shall, in person or by his or its agents or employees, or as agent or employee of some other person, knowingly sell or deliver to any person a drug, medicine, chemical, or preparation for medicinal use, recognized or authorized by the latest edition of the United States Pharmacopoea or the latest edition of the National Formulary, or prepared according to the private formula of some individual or firm, other or different from the drug, medicine, chemical or preparation for medicinal use, recognized or authorized by the latest edition of the United States Pharmacopoea or the latest edition of the National Formulary, or prepared according to the private formula of some individual or firm, ordered or called for by such person, or called for in a physicians' prescription, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $100 nor more than $500, or by not less than one month nor more than twelve months' imprisonment, or by both.

Approved June 21, 1961.