CHAPTER 318

FORMERLY

SENATE BILL NO. 350

AN ACT TO AMEND CHAPTER 25, TITLE 24 OF THE DELAWARE CODE RELATING TO PHARMACIES, THE BOARD OF PHARMACY, RETAIL PHARMACIES AND OTHER PHARMACEUTICAL ESTABLISHMENTS.

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

Section 1. Amend §2501, Chapter 25, Title 24 of the Delaware Code, by striking the words "American Association of Colleges of Pharmacy" as the same appear in subsection (a), and substituting the words "American Council on Pharmaceutical Education" in lieu thereof.

Section 2. Amend §2502, Chapter 25, Title 24 of the Delaware Code, by striking subsection (b) in its entirety, and designating present subsection (c) as new subsection (b).

Section 3. Amend subsection (a), Section 2523, Chapter 25, Title 24 of the Delaware Code, by striking paragraph (4) in its entirety, and substituting in lieu thereof the following:

"(4) have served an externship and an internship as prescribed by the Rules and Regulations of the Board of Pharmacy;"

Section 4. Amend §2527, Chapter 25, Title 24 of the Delaware Code, by striking the words "or narcotic drugs" as the same appear in subsection (a), and substituting the words", narcotic drugs or dangerous drugs" in lieu thereof.

Section 5. Amend §2561, Chapter 25, Title 24 of the Delaware Code, by striking the period (.) at the end of subsection (e), and substituting in lieu thereof the following:

" ; provided that the floor area of the prescription department shall not be required to exceed seven hundred square feet."

Section 6. Amend §2571, Chapter 25, Title 24 of the Delaware Code, by striking the words "or prepare" as the same appear in subsection (b), and substituting the words ", prepare, or distribute on a Wholesale basis to persons other than the ultimate consumer" in lieu thereof.

Section 7. Amend §2572, Chapter 25, Title 24 of the Delaware Code, by striking the figure "$25" as the same appears in the first paragraph of said section, and substituting the figure "$50" in lieu thereof.

Section 8. Amend §2572, Chapter 25, Title 24 of the Delaware Code, by striking the words "or preparation" as the same appear at the end of the second paragraph, and substituting the words ", preparation, or distribution on a wholesale basis to persons other than the ultimate consumer" in lieu thereof.

Section 9. Amend Chapter 25, Title 24 of the Delaware Code, by adding a new section as follows:

§2590. Authority by the Board of Pharmacy to impose fines

Whenever the Board of Pharmacy has found a holder of a license to practice pharmacy or the holder of a pharmacy permit to be guilty of a violation of the rules of the Board of Pharmacy or the provisions of this Chapter, in addition to the power and authority granted to the Board of Pharmacy by this Chapter, the Board shall have the power and authority to impose a fine on the licensee or the permit holder and to require that the licensee or the permit holder pay a fine with regard to such violation with the sanction that the license or permit may be suspended until the fine is paid. Prior to the imposition of any fine, the Board shall hold an investigation and hearing after notice to the licensee or his attorney and the fine shall only be imposed and required to be paid if the Board formally finds that the public welfare and morals would not be impaired by the imposition of the fine and that the payment of the sum of money will achieve the desired disciplinary purposes.

No fine imposed by the Board may exceed five hundred dollars ($500.00), nor shall the Board impose a fine on a licensee or a permit holder where-the-license of such licensee or permit holder has been revoked by the Board of Pharmacy for such violation. The power and authority of the Board of Pharmacy to impose such fines is not to be affected by any other proceeding, civil or criminal, concerning the same violation, nor shall the imposition of such fine preclude the Board from imposing other sanctions short of revocation.

Any person so fined may appeal to the Superior Court for a de novo trial in the county in which the alleged violation was committed or in the county where the premises of the permit are located, provided the appeal is taken within fifteen (15) days from the time of the decision of the Board of Pharmacy."

Approved May 17, 1974.