CHAPTER 251

FORMERLY

HOUSE BILL NO. 695

AS AMENDED BY

HOUSE AMENDMENTS NOS. 2, 3 AND 4

AN ACT TO AMEND CHAPTER 25, TITLE 24, DELAWARE CODE, RELATING TO THE BOARD OF PHARMACY, PHARMACISTS AND ASSISTANT PHARMACISTS, HOSPITAL PHARMACIES, RETAIL PHARMACIES, PHARMACEUTICAL ESTABLISHMENTS OTHER THAN RETAIL PHARMACIES; AND PROVIDING FOR PROHIBITED ACTS AND PENALTIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Section 2503 (c), Chapter 25, Title 24, Delaware Code, by striking it in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:

"(c) The Board shall submit a written report to the Governor and to the Delaware Pharmaceutical Society within three months after the conclusion of the fiscal year."

Section 2. Amend Section 2505, Chapter 25, Title 24, Delaware Code, by striking the figure "$25.00" and substituting in lieu thereof the figure "$50.00".

Section 3. Amend Section 2505, Chapter 25, Title 24, Delaware Code, by adding the following sentence thereto:

"Each member may not receive more than $500 each year in salary."

Section 4. Amend Section 2506 (a), Chapter 25, Title 24, Delaware Code, by adding the following sentence thereto:

"The reciprocal fee will be set by the Board."

Section 5. Amend Section 2507, Chapter 25, Title 24, Delaware Code by striking said section in its entirety and substituting in lieu thereof a new Section 2507 to read as follows:

"Section 2507. Fees

All registrants who are qualified under this Chapter shall be entitled a renewal according to the following biennial schedule. Registrants who do not pay the fee by the date due shall be assessed an additional $10.

1. Pharmacists $30

2. Assistant Pharmacists $30

3. Pharmacy $50

4. Wholesalers $100

5. Manufacturer $100

6. Intern $5

Section 6. Amend Section 2522 (1), Chapter 25, Title 24, Delaware Code, by inserting after the word "application" in the first sentence thereof, the following: "accompanied by a fee not to exceed $10r.

Section 7. Amend Section 2524, Chapter 25, Title 24, Delaware Code, by striking the words "that calendar year" and substituting in lieu thereof the words "the renewal period".

Section 8. Amend Section 2524, Chapter 25, Title 24, Delaware Code, by adding the following sentence thereto: "A certificate may be replaced if lost or destroyed upon the payment of $10 by the registrant."

Section 9. Amend Section 2525 (a), Chapter 25, Title 24, Delaware Code, by striking the words "in each year" and substituting in lieu thereof the word "biennially".

Section ll. Amend Section 2526, Chapter 25, Title 24, Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new Section 2526 to read as follows:

"Section 2526. Refusal to issue license; revocation suspension; causes; notice

and hearing; appeal to Superior Court

(a) The Board may refuse to issue or renew or may suspend, revoke or restrict the license of any person after due notice and hearing pursuant to procedures set forth in Section 2554 upon one or more of the following grounds:

1. Procuring or attempting to procure a license by fraud or intentional misrepresentation;

2. Incapacity of a nature that prevents a pharmacist from engaging in the practice of pharmacy with reasonable skill, competence, and safety to the public. This would include incapacity due to mental incompetence, a physical condition, addiction to alcohol or narcotics or other dangerous drugs;

3. Guilty of any act involving moral turpitude or gross immorality; 4 Guilty of a felony as defined by the Statutes of this state;

5. Guilty of engaging or aiding and abetting an individual to engage in the practice of pharmacy without a license.

6. Guilty of any dishonorable, unethical or unprofessional conduct likely to deceive, defraud or harm the public.

7. Gross negligence or incompetence in his practice as a pharmacist.

(b) 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, any regulation promulgated pursuant to Section 2587 of this chapter or any law of this State or of the United States.

(c) The notice of hearing should be delivered upon the licensee at least two weeks in advance of a hearing. If the licensee is unable to be served personally or by certified mall, the Board shall place in the newspaper of general circulation in the county wherein the licensee last resided, a notice of the time, date and place of the hearing, specifically naming the licensee for whom the hearing is being conducted. Such notice shall appear at least once each week in the two successive weeks immediately preceding the scheduled hearing.

(d) Any person aggrieved by an oraer ur the Board may appear therefrom to the Superior Court in the county where such person resided within thirty (30) days after delivery of such order. If the hearing is held in absentia, the order must be appealed within thirty (30) days of issuance. The appeal to the Superior Court shall be on the record established by the Board at the hearing which it conducted."

The Board may issue subpoenas to require the attendance of persons and the production of books and papers for the purpose of conducting investigations preliminary to disciplinary hearings and for the purpose of eliciting testimony at disciplinary hearings. Persons who have been subpoenaed may be required to testify in any and all matters within the jurisidction of the Board. Subpoenas shall be issued by the president or the executive secretary of the Board.

Section 12. Amend Section 2529, Chapter 25, Title 24, Delaware Code, by adding thereto a new subsection (e) to read as follows:

"(e) Any person not legally licensed as a pharmacist, assistant pharmacist, or pharmacy who takes, uses, or exhibits, the title or pharmacist or licensed or registered pharmacist, assistant pharmacist, or the title druggist or apothecary, or a pharmacy or medicine store, to Section 2527, shall be fined not less than one hundred dollars (5100) nor more than one thousand dollars (51,000). Each week that such a violation exists shall constitute a separate and distinct offense."

Section 13. Amend Section 2551, Chapter 25, Title 24, Delaware Code, by striking the first sentence and substituting in lieu thereof the followings "No person shall operate, any pharmacy within this State without first having obtained a permit to do so from the Board."

Section 14. Amend Section 2552, Chapter 25, Title 24, Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new Section 2552 to read as follows:

"Section 2552. Application and fee for permit

The application for a permit required under this subchapter shall be made on a form to be prescribed and furnished by the Board and shall be accompanied by a fee not to exceed 5100."

Section 15. Amend Section 2555, Chapter 25, Title 24, Delaware Code, by striking said section in its entirety and substituting in lieu thereof a new Section 2555 to read as follows:

"Section 2555. Renewal and lapse of permit

Renewal notices to pharmacies shall be mailed each renewal period; and if application for renewal is not made for sixty (60) days after renewal date, the existing permit shall lapse and become null and void. No new permit will be granted except (1) upon evidence satisfactory to the Board of good and sufficient grounds of failure to file the application for renewal within the time prescribed, and (2) upon payment of fees set forth in Section 2507 of this Chapter."

Section 16. Amend Section 2558 (a) (3), Chapter 25, Title 24, Delaware Code, by striking the words "following the date of issue; and" as the same appears therein and substituting in lieu thereof the word "biennially."

Section 17. Amend Section 2558 (a) (4), Chapter 25, Title 24, Delaware Code, by striking said subparagraph (4) in its entirety.

Section 18. Amend Section 2572, Chapter 25, Title 24, Delaware Code, by striking the first paragraph thereof as the same appears therein and substituting in lieu thereof a new paragraph to read as follows:

"The application for a permit required under Section 2571 shall be made on the form to be prescribed and furnished by the Board and shall be accompanied by a required fee not to exceed $100."

Section 19. Amend Section 2573 (3), Chapter 25, Title 24, Delaware Code, by striking subparagraph (3) as the same appears therein in its entirety and substituting in lieu thereof a new subparagraph (3) to read as follows:

"(3) Expire on the last day of December biennally."

Section 20. Amend Section 2573 (4), Chapter 25, Title 24, Delaware Code, by striking subparagraph (4) as the same appears therein in its entirety.

Approved June 2, 1980.