CHAPTER 101

FORMERLY

SENATE BILL NO. 94

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE REGARDING PHARMACISTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Chapter 25, Title 24 of the Delaware Code by adding therein a new section 2518(A), which shall read as follows:

"Section 2518(A) Counseling of Pharmacists

(a) If the Executive Secretary and President determine after the investigation that there has been a violation of this Chapter or regulations enacted pursuant to this Chapter, but that such violation does not warrant a formal disciplinary action under Section 2518 of this Chapter, the Executive Secretary may decide to counsel the pharmacist regarding the violation. The Executive Secretary shall notify the pharmacist of his/her findings and of this decision not to proceed by formal disciplinary action. Such notification shall explain the finding of the Executive Secretary and shall request the presence of the pharmacist at a counseling session. During the counseling session, the Executive Secretary shall discuss the violation with the pharmacist as well as any necessary plans of correction.

(b) Attendance at a counseling session shall be voluntary; but if the pharmacist fails to be counseled or fails to take the corrective action specified by the Executive Secretary, the Executive Secretary's notification letter shall be conclusive evidence that such violation occurred and may be used in a subsequent hearing regarding the pharmacist unless challenged by the pharmacist. In the event any pharmacist challenges the findings of the Executive Secretary, such pharmacist shall be entitled to a hearing in accordance with Section 2518 of this Chapter as to whether such violations occurred. In the event the pharmacist requests a hearing, the hearing shall be conducted as a disciplinary hearing under Section 2518 of this Chapter.

(c) The counseling of pharmacists under this Section shall not be considered disciplinary action, and provided the pharmacist attends and complies with any corrective action required by the Executive Secretary, the fact of such counseling shall not be considered disciplinary action nor may it be used in considering disciplinary sanctions in any future hearing unrelated to the incident for which the pharmacist is counseled unless such future incident involves the same or similar allegations(s) as that for which the pharmacist was counseled hereunder."

Approved June 30, 1997