(a) An individual may not, in this State, engage in the practice of pharmacy or hold oneself out to the public as being qualified to practice pharmacy, or use in connection with that individual’s own name, or otherwise assume or use, a title or description conveying or tending to convey the impression that the individual is qualified to practice pharmacy, except as provided in this chapter.

(b) No individual who has not been issued a certificate as a pharmacist or who is not a pharmacy intern, or a pharmacy student participating in an approved college of pharmacy coordinated practical experience program under the direct supervision of a licensed pharmacist, within the meaning of this chapter, may certify a prescription, perform drug utilization reviews, provide drug information requiring clinical or technical knowledge, counsel patients, receive new verbal prescription orders without recorded backup, or contact a prescriber concerning prescription drug order interpretation or therapy modification. Other responsibilities may be delegated to a certified pharmacy technician or pharmacy technicians who are under the direct supervision of a pharmacist.

(c) It is unlawful for an individual to practice pharmacy in this State if the individual’s license to practice pharmacy expires, is placed on inactive status, or is suspended or revoked.

(d) The penalty for a violation of this section is, for a first conviction, a fine of not less than $500 nor more than $1000, and for a second or subsequent conviction, a fine of not less than $1000 nor more than $2000.

24 Del. Laws, c. 140, §  1;  Code 1915, §  862;  Code 1935, §  942;  24 Del. C. 1953, §  2521;  64 Del. Laws, c. 452, §  1;  68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 161, §  9;  75 Del. Laws, c. 260, §§  1, 2;  76 Del. Laws, c. 167, §  1;  85 Del. Laws, c. 49, § 1; 

(a) An applicant who is applying for licensure as a pharmacist under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following requirements:

(1) Has completed the requirements for graduation from a school or college of pharmacy accredited by the American Council on Pharmaceutical Education; or, if the applicant was educated outside of the United States or its territories, has met the education requirements set forth in the Board’s rules and regulations.

(2) Has obtained practical experience as an intern in the practice of pharmacy during or after attendance at a school or college of pharmacy, under such terms and conditions as set forth in the Board’s rules and regulations.

(3) Has received a passing score on the North American Pharmacist Licensure Examination (NAPLEX) as developed and approved by NABP or its successor.

(4) Has received a passing score on a jurisprudence examination as set forth in the Board’s rules and regulations.

(5) Has not receive an administrative penalty regarding the practice of pharmacy, including formal reprimands, license suspension or revocation (except for license revocation for nonpayment of license renewal fees), probationary limitations, or entry into a consent agreement which contains conditions placed by a board on the applicant’s professional conduct and practice, including the voluntary surrender of the applicant’s license to practice pharmacy. The Board may, after a hearing or review of documentation, determine whether such administrative penalty is grounds to deny licensure.

(6) Does not have a current condition that impairs the applicant’s judgment or adversely affects the applicant’s ability to practice safely and in a competent, ethical, and professional manner.

(7) The applicant does not have a criminal conviction record or a pending criminal charge related to a crime that is substantially related to the practice of pharmacy. However, after a hearing or review of documentation and consideration of the factors set forth in § 8735(x)(3) of Title 29, the Board by an affirmative vote of a majority of the quorum, may waive this paragraph if it finds that granting a waiver would not create an unreasonable risk to public safety.

(b) An applicant for licensure as an intern must meet the following requirements:

(1) The applicant must submit an “Application for Registration of Internship” after entering the first professional year at a school or college of pharmacy accredited by the American Council on Pharmaceutical Education. The application must include an “Affidavit of Class Standing” form and an “Affidavit of Preceptor” form. The application and requisite forms are set forth by the Board or the Division.

(2) If the applicant was educated outside of the United States or its territories, the applicant must meet the education requirements set forth in the Board’s rules and regulations.

(3) The applicant has not received an administrative penalty regarding the practice of pharmacy, including formal reprimands, license suspension or revocation (except for license revocation for nonpayment of license renewal fees), probationary limitations, or entry into a consent agreement which contains conditions placed by a board on the applicant’s professional conduct and practice, including the voluntary surrender of the applicant’s license to practice pharmacy. The Board may, after a hearing or review of documentation, determine whether such administrative penalty is grounds to deny licensure.

(4) The applicant does not have a current condition that impairs the applicant’s judgment or adversely affects the applicant’s ability to practice safely and in a competent, ethical, and professional manner.

(5) The applicant does not have a criminal conviction record or a pending criminal charge related to a crime that is substantially related to the practice of pharmacy. However, after a hearing or review of documentation and consideration of the factors set forth in § 8735(x)(3) of Title 29, the Board by an affirmative vote of a majority of the quorum, may waive this paragraph if it finds that granting a waiver would not create an unreasonable risk to public safety.

(c) An applicant shall submit fingerprints and other necessary information in order to obtain a report of the individual’s entire criminal history record from the State Bureau of Identification and from the Federal Bureau of Investigation pursuant to Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C § 534). If the applicant does not have a criminal history record, the applicant shall cause to be submitted a statement from each agency that the agency has no record of criminal history information relating to the applicant. The State Bureau of Identification is the intermediary for the purpose of this subsection and the Board, or its designee, is the screening point for the receipt of the federal criminal history record. The applicant is responsible for the required fee, if any, for obtaining the records.

(d) If the Board finds that false information has been intentionally provided to the Board, it shall report its finding to the Attorney General for further action.

(e) If the Board refuses to accept, or rejects, an application and the applicant believes that the Board acted without justification or imposed higher or different standards for the applicant than for other applicants, or in some other unlawful manner contributed to or caused the refusal or rejection of the application, the applicant may appeal to the Superior Court.

24 Del. Laws, c. 140, §§  2,3;  Code 1915, §§  863, 864;  35 Del. Laws, c. 56, §  1;  Code 1935, §§  943, 944;  41 Del. Laws, c. 87, §  1;  42 Del. Laws, c. 91, §  1;  46 Del. Laws, c. 95, §§  1, 2;  24 Del. C. 1953, §§  2522, 2523;  53 Del. Laws, c. 90, §§  6,7;  58 Del. Laws, c. 511, §  57;  59 Del. Laws, c. 318, §  3;  62 Del. Laws, c. 251, §  6;  64 Del. Laws, c. 167, §  1;  65 Del. Laws, c. 378, §  3;  68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 436, §  22;  76 Del. Laws, c. 167, §  1;  77 Del. Laws, c. 199, §  18;  78 Del. Laws, c. 44, §§  36, 37;  83 Del. Laws, c. 433, § 16;  85 Del. Laws, c. 49, § 1; 

(a) The Board shall adopt the administration, grading procedures, and passing score of the North American Pharmacist Licensure Examination (NAPLEX) and the Multistate Pharmacy Jurisprudence Examination (MPJE) or of comparable alternative national examinations.

(b) The Board shall determine in its rules and regulations the frequency and conditions under which a candidate may retest after a failure.

24 Del. Laws, c. 140, §  3;  Code 1915, §  864;  35 Del. Laws, c. 56, §  1;  Code 1935, §  944;  41 Del. Laws, c. 87, §  1;  42 Del. Laws, c. 91, §  1;  46 Del. Laws, c. 95, §  2;  24 Del. C. 1953, §  2523;  53 Del. Laws, c. 90, §  7;  58 Del. Laws, c. 511, §  57;  59 Del. Laws, c. 318, §  3;  64 Del. Laws, c. 167, §  1;  68 Del. Laws, c. 206, §  1;  75 Del. Laws, c. 436, §  22;  76 Del. Laws, c. 167, §  1;  85 Del. Laws, c. 49, § 1; 

(a) Upon payment of the appropriate fee and submission of an application, the Board shall grant a license to each applicant who presents proof of current licensure, in good standing, in another state, the District of Columbia, or territory of the United States and who, in addition:

(1) Meets the criteria for licensure in good standing as defined in § 2508(a)(5)-(7) in all states in which the applicant is or was licensed.

(2) Has passed the NAPLEX or a comparable alternative national examination accepted by the Board.

(3) Has received a passing score on a jurisprudence examination as set forth in the Board’s rules and regulations.

(4) Has passed the examination of the Foreign Pharmacy Graduate Examination Committee (FPGEC) of the NABP, if the applicant is a graduate of a foreign school of pharmacy.

(5) Has submitted fingerprints and other necessary information in order to obtain a report of the individual’s entire criminal history record from the State Bureau of Identification and from the Federal Bureau of Investigation pursuant to Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C § 534). If the applicant does not have a criminal history record, the applicant shall cause to be submitted a statement from each agency that the agency has no record of criminal history information relating to the applicant. The State Bureau of Identification is the intermediary for the purpose of this subsection and the Board, or its designee, is the screening point for the receipt of the federal criminal history record. The applicant is responsible for the required fee, if any, for obtaining the records.

(b) A reciprocal applicant is not required to obtain the practical experience required under § 2508(a) of this title.

24 Del. Laws, c. 140, §  3;  Code 1915, §  864;  35 Del. Laws, c. 56, §  1;  Code 1935, §  944;  41 Del. Laws, c. 87, §  1;  42 Del. Laws, c. 91, §  1;  46 Del. Laws, c. 95, §  2;  24 Del. C. 1953, §  2523;  53 Del. Laws, c. 90, §  7;  58 Del. Laws, c. 511, §  57;  59 Del. Laws, c. 318, §  3;  64 Del. Laws, c. 167, §  1;  68 Del. Laws, c. 206, §  1;  75 Del. Laws, c. 436, §  23;  76 Del. Laws, c. 167, §  1;  85 Del. Laws, c. 49, § 1; 

The amount charged by the Division for each fee imposed under this chapter must approximate and reasonably reflect the cost necessary to defray the expenses of the Board as well as the proportional expenses incurred by the Division in its services or activities on behalf of the Board. A separate fee may be charged for each service or activity. At the beginning of each licensure biennium, the Division, or a state agency acting on its behalf, shall compute and set the fee for the licensure biennium.

24 Del. Laws, c. 140, §§  9, 12;  24 Del. Laws, c. 141, §§  1, 2;  Code 1915, §§  858, 861, 868;  28 Del. Laws, c. 62;  29 Del. Laws, c. 55;  36 Del. Laws, c. 103, §  1;  Code 1935, §§  938, 941, 948;  43 Del. Laws, c. 95, §  1;  45 Del. Laws, c. 90, §  3;  46 Del. Laws, c. 95, §  3;  24 Del. C. 1953, §§  2503, 2506, 2507;  53 Del. Laws, c. 90, §§  4, 272;  53 Del. Laws, c. 108, §  27;  55 Del. Laws, c. 316, §  3;  62 Del. Laws, c. 251, §§  1, 4, 5;  64 Del. Laws, c. 452, §  2;  65 Del. Laws, c. 378, §  2;  68 Del. Laws, c. 206, §  1;  74 Del. Laws, c. 262, §  43;  76 Del. Laws, c. 167, §  1;  85 Del. Laws, c. 49, § 1; 

(a) The Board shall issue a license to each applicant who meets the requirements of this chapter and the Board’s rules and regulations and who pays the required fee.

(b) A license to practice pharmacy must be renewed biennially, in a manner determined by the Division, and must include payment of the appropriate fee and attestation that the licensee has met the continuing education requirements established by the Board.

(c) A licensee who has allowed that licensee’s license to lapse for more than 1 year but for less than 4 years may renew such lapsed license upon completion of all of the following:

(1) Payment of a late fee established by the Division.

(2) Providing proof that the licensee has met any continuing education requirements established by the Board.

(3) Submission of fingerprints and other necessary information in order to obtain a report of the individual’s entire criminal history record from the State Bureau of Identification and from the Federal Bureau of Investigation.

(4) Review of NABP clearinghouse for discipline in other jurisdictions.

(d) A licensee who has allowed that licensee’s license to lapse for longer than 4 years may reinstate such license upon completion of all of the following:

(1) Payment of a late fee established by the Division.

(2) Providing proof that the licensee has met any continuing education requirements established by the Board.

(3) Submission of fingerprints and other necessary information in order to obtain a report of the individual’s entire criminal history record from the State Bureau of Identification and from the Federal Bureau of Investigation.

(4) Review of NABP clearinghouse for discipline in other jurisdictions.

(5) Proof of retaking and passing the Multistate Pharmacy Jurisprudence Exam (MPJE).

(e) Any licensee, upon written request, may be placed in an inactive status for up to 4 years, and the licensee may reactivate the license after meeting all of the following criteria:

(1) Providing the Board with written notification that the licensee intends to reactivate the license.

(2) Satisfying all the continuing education requirements set forth in the Board’s rules and regulations.

(3) Paying the appropriate renewal fee.

(4) Submitting fingerprints and other necessary information in order to obtain a report of the individual’s entire criminal history record from the State Bureau of Identification and from the Federal Bureau of Investigation.

(5) Review by the Division or the Board of the NABP clearinghouse for discipline in other jurisdictions.

(f) If a licensee who has been placed on inactive status under subsection (e) of this section fails to reactivate that license within 4 years of being placed on inactive status under subsection (e) of this section, the individual must reapply for licensure and retake and pass the MPJE.

24 Del. Laws, c. 140, §§  4, 6;  Code 1915, §§  865, 867;  32 Del. Laws, c. 45, §  1;  Code 1935, §§  945, 947;  24 Del. C. 1953, §§  2524, 2525;  49 Del. Laws, c. 263;  53 Del. Laws, c. 90, §  8;  62 Del. Laws, c. 251, §§  7-9;  64 Del. Laws, c. 247, §  1;  68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 167, §  1;  79 Del. Laws, c. 193, §  5;  85 Del. Laws, c. 49, § 1; 

76 Del. Laws, c. 167, §  1;  repealed by 85 Del. Laws, c. 49, § 1, effective June 30, 2026.; 

(a) All complaints received by the Division must be investigated in accordance with § 8735 of Title 29.

(b) If the Board determines that a person is engaging in or has engaged in the practice of pharmacy or is using the title “pharmacist” and is not licensed to practice pharmacy pursuant to this chapter, the Board shall request that the Attorney General issue a cease and desist order and take any other further appropriate action.

24 Del. Laws, c. 140, §  16;  Code 1915, §  872;  32 Del. Laws, c. 45, §  2;  Code 1935, §  952;  24 Del. C. 1953, §  2529;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;  85 Del. Laws, c. 49, § 1; 

(a) A pharmacist licensed under this chapter is subject to disciplinary sanctions set forth in § 2516 of this title if, after a hearing, the Board finds that the pharmacist has done any of the following:

(1) Engaged in or knowingly cooperated in fraud or material deception in order to acquire a license to practice pharmacy, has impersonated another person holding a license, has allowed another person to use the pharmacist’s license, or has aided or abetted a person not licensed to practice pharmacy to be represented as a pharmacist.

(2) Illegally, incompetently, or negligently practiced pharmacy.

(3) Was convicted of a crime that is substantially related to the practice of pharmacy; a copy of the record of conviction certified by the clerk of the court entering the conviction is conclusive evidence of conviction.

(4) Has a current condition that impairs the pharmacist’s judgment or adversely affects the pharmacist’s ability to practice safely and in a competent, ethical, and professional manner.

(5) Engaged in an act of consumer fraud or deception, engaged in the restraint of competition, or participated in price-fixing activities.

(6) Violated a lawful provision of this chapter or any lawful regulation established hereunder.

(7) Had that pharmacist’s own license to practice pharmacy suspended or revoked or was subjected to other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for the suspension, revocation, or other action in another jurisdiction have been presented to the Board by certified record and the Board has determined that the facts found by the appropriate licensing authority in the other jurisdiction constitute 1 or more of the acts listed in this subsection. Every person licensed to practice pharmacy in this State consents to the release of information regarding license suspension or revocation or other disciplinary action by the Board of Pharmacy or by other comparable agencies in other jurisdictions and waives all objections to the admissibility of previously adjudicated evidence of the acts or offenses which underlie license suspension or revocation or other disciplinary action.

(8) Failed to notify the Board that the pharmacist’s license to practice pharmacy in another jurisdiction was subject to discipline, or was surrendered, suspended, or revoked; or that the licensee has been convicted of a crime that is substantially related to the practice of pharmacy. A certified copy of the record of disciplinary action, or of the surrender, suspension, or revocation of the license is conclusive evidence thereof. A copy of the record of conviction certified by the clerk of the court entering the conviction is conclusive evidence of conviction.

(9) Has a physical or mental impairment that prevents the pharmacist from engaging in the practice of pharmacy with reasonable skill, competence, and safety to the public.

(10) Violated the Board’s code of ethics as adopted in the Board’s rules and regulations.

(b) Subject to the provisions of this chapter and subchapter IV of Chapter 101 of Title 29, the Board may not discipline a license to practice pharmacy or limit a licensee’s right to engage in the practice of pharmacy until the Board gives to the licensee proper notice and opportunity to be heard.

24 Del. Laws, c. 140, §  4;  Code 1915, §  865;  32 Del. Laws, c. 45, §  1;  Code 1935, §  945;  24 Del. C. 1953, §  2527;  53 Del. Laws, c. 90, §  10;  53 Del. Laws, c. 267;  54 Del. Laws, c. 253;  55 Del. Laws, c. 316, §  2;  59 Del. Laws, c. 318, §  4;  62 Del. Laws, c. 251, §  11;  65 Del. Laws, c. 355, §  1;  65 Del. Laws, c. 378, §  4;  68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 262, §§  44, 45;  75 Del. Laws, c. 436, §§  24-26;  76 Del. Laws, c. 167, §  1;  79 Del. Laws, c. 238, §  1;  80 Del. Laws, c. 80, §  13;  83 Del. Laws, c. 52, § 14;  84 Del. Laws, c. 42, § 1;  84 Del. Laws, c. 158, § 1;  85 Del. Laws, c. 49, § 1; 

(a) The Board may impose any of the following sanctions, singly or in combination, when it determines that a person licensed to practice pharmacy has violated a ground for discipline set forth in § 2515 of this title:

(1) Issue a letter of reprimand.

(2) Place the licensee on probationary status and require the licensee to do any of the following:

a. Report regularly to the Board upon the matters that are the basis of the probation.

b. Limit all practice and professional activities to those areas prescribed by the Board.

(3) Suspend the license of the licensee.

(4) Permanently revoke the license of the licensee.

(5) Impose an administrative penalty, not to exceed $10,000 for a first-time violation. Any subsequent violations may be subject to an administrative penalty, not to exceed $50,000 for each such violation.

(b) The Board may withdraw or reduce conditions of probation imposed under paragraph (a)(2) of this section if it finds that the deficiencies that required the conditions of probation to be imposed have been remedied.

(c) If the Board suspends a license to practice pharmacy due to an impairment of the licensee, the Board may reinstate the license if, after a hearing, the Board is satisfied that the licensee is able to practice pharmacy with reasonable skill, competence, and safety to the public.

24 Del. C. 1953, §  2531;  53 Del. Laws, c. 90, §§  12-16;  62 Del. Laws, c. 251, §  12;  63 Del. Laws, c. 234, §  1;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;  85 Del. Laws, c. 49, § 1; 

(a) If a complaint alleging a violation of § 2515 of this title is filed with the Board under § 8735(h) of Title 29, the hearing must be noticed and conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

(b) If a licensee is in disagreement with the decision of the Board, the licensee may appeal the Board’s decision to the Superior Court within 30 days of the date the copy of the decision is mailed to that licensee. Upon appeal, the Court shall hear the evidence on the record. A stay pending review may be granted by the Court in accordance with § 10144 of Title 29.

24 Del. Laws, c. 140, §  4;  32 Del. Laws, c. 45, §  1;  34 Del. Laws, c. 71;  Code 1915, §  874A;  Code 1935, §§  945, 955, 956E;  41 Del. Laws, c. 87, §  6;  46 Del. Laws, c. 143, §  1;  24 Del. C. 1953, §§  2527, 2586;  49 Del. Laws, c. 220, §  27;  53 Del. Laws, c. 267;  54 Del. Laws, c. 253;  55 Del. Laws, c. 316, §  2;  59 Del. Laws, c. 318, §§  4, 9;  62 Del. Laws, c. 251, §  11;  65 Del. Laws, c. 355, §  1;  65 Del. Laws, c. 378, §  4;  68 Del. Laws, c. 206, §  1;  69 Del. Laws, c. 423, §  23;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 262, §§  44, 45;  75 Del. Laws, c. 436, §§  24-26;  76 Del. Laws, c. 167, §  1;  85 Del. Laws, c. 49, § 1; 

76 Del. Laws, c. 167, §  1;  70 Del. Laws, c. 186, §  1;  repealed by 85 Del. Laws, c. 49, § 1, effective June 30, 2026.; 

In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license.

68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;  79 Del. Laws, c. 213, §  2;  85 Del. Laws, c. 49, § 1; 

71 Del. Laws, c. 101, §  1;  70 Del. Law, c. 186,, §  1;  76 Del. Laws, c. 167, §  1;  repealed by 85 Del. Laws, c. 49, § 1, effective June 30, 2026.; 

68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 167, §  1;  repealed by 85 Del. Laws, c. 49, § 1, effective June 30, 2026.;