(a) A person may not operate a pharmacy within this State without first having obtained a permit to operate a pharmacy from the Board. A person who desires to operate more than 1 pharmacy must make a separate permit application for each pharmacy. However, separate permits are not required for sites designated as pharmacies within the same institution at 1 general location, provided that each site is approved by the Board.

(b) The Board shall issue a separate permit for each qualifying pharmacy. A permit to operate a pharmacy granted by the Board may not be assigned or otherwise transferred to another person except upon such conditions as the Board specifically designates, and then only pursuant to the written consent of the Board or its designee. A permit must be available on site for inspection by authorized persons.

Code 1935, §  956A;  41 Del. Laws, c. 87, §  2;  24 Del. C. 1953, §  2551;  62 Del. Laws, c. 251, §  13;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;  85 Del. Laws, c. 49, § 1; 

Code 1935, §  956A;  41 Del. Laws, c. 87, §  2;  24 Del. C. 1953, §  2552;  53 Del. Laws, c. 90, §  18;  62 Del. Laws, c. 251, §  14;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;  repealed by 85 Del. Laws, c. 49, § 1, effective June 30, 2026.; 

(a) Upon submission of an application, payment of the appropriate fee, and fulfillment of all standards set by the Board by rules and regulations, the Board shall issue a license when the applicant provides evidence, verified by oath, that the pharmacy meets all of the following requirements:

(1) The pharmacy will be operated in full compliance with the law and with the rules and regulations of the Board.

(2) The pharmacy will be managed by a pharmacist-in-charge who is licensed to practice pharmacy in this State. Each pharmacy may only have 1 pharmacist-in-charge, and that pharmacist-in-charge may only be a pharmacist-in-charge of 1 pharmacy.

(3) The location and appointments of the pharmacy meet the requirements set forth in the Board’s rules and regulations.

(4) The pharmacist-in-charge, whose name is on the application, must comply with pharmacy, controlled substance, and other applicable statutes and rules and regulations.

(5) The pharmacy must provide conspicuous notice to consumers that the Board of Pharmacy is the contact agency for reporting unresolved medication errors.

(6) The pharmacy will be equipped with proper reference materials and professional and technical equipment as provided in the Board’s rules and regulations.

(7) The pharmacy will be inspected and approved by an agent of the Board prior to opening.

(8) The pharmacy has not obtained a license by misrepresentation or fraud.

(9) The pharmacy has not been disciplined by a regulatory agency.

(b) As set forth in the Board’s rules and regulations, the applicant must designate the specific type of pharmacy license requested.

Code 1935, §  956A;  41 Del. Laws, c. 87, §  2;  24 Del. C. 1953, §  2553;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;  85 Del. Laws, c. 49, § 1; 

(a) A license to operate a pharmacy must be renewed biennially in a manner determined by the Division, including the payment of the renewal fee.

(b) The Board, in its rules and regulations, shall determine the period within which a permit holder may renew the permit to operate a pharmacy, notwithstanding the fact that the permit holder failed to renew on or before the designated renewal date; provided, however, that the period of time may not exceed 1 year beyond the designated renewal date.

(c) As set forth in the Board’s rules and regulations, a license to operate a pharmacy terminates automatically upon a change in ownership, the termination of the legal existence of the pharmacy, or the discontinuance of business or professional practice.

(d) The temporary or permanent closing of a pharmacy must be in compliance with the rules and regulations of the Board.

Code 1935, §  956A;  41 Del. Laws, c. 87, §  2;  24 Del. C. 1953, §  2555;  53 Del. Laws, c. 90, §§  19, 20;  62 Del. Laws, c. 251, §  15;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;  85 Del. Laws, c. 49, § 1; 

A license is subject to the disciplinary actions established in § 2531A of this title if, after a hearing, the Board finds that the licensee has done 1 or more of the following acts:

(1) The pharmacy is not being operated according to the Board’s laws or rules and regulations.

(2) The pharmacy’s prescription department is closed for more than 14 consecutive days, unless the closing of the prescription department was due to a cause which the Board finds reasonable.

(3) The pharmacy has been disciplined by a regulatory agency.

(4) The pharmacy has obtained a license by misrepresentation or fraud.

(5) The pharmacy has refused access to the pharmacy or pharmacy records to an agent of the Board who seeks access for the purpose of conducting an inspection or investigation.

Code 1935, §§  942, 956A;  41 Del. Laws, c. 87, §  2;  46 Del. Laws, c. 142, §  1;  24 Del. C. 1953, §  2556;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;  85 Del. Laws, c. 49, § 1; 

(a) If the Board intends not to issue a license or intends to discipline a license, the Board shall give written notice to the applicant or licensee of the intended action and the reasons therefor. The applicant or licensee has at least 10 days from the date of notice to request a hearing. Notice of the hearing must be given and the hearing must be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.

(b) If an applicant or licensee is in disagreement with the decision of the Board, the applicant or licensee may appeal the Board’s decision to the Superior Court within 30 days of the date of mailing. 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.

Code 1935, §§  942, 956A;  41 Del. Laws, c. 87, §  2;  46 Del. Laws, c. 142, §  1;  24 Del. C. 1953, §  2556;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;  85 Del. Laws, c. 49, § 1; 

The Board may impose any of the following sanctions, individually or in combination, when it finds that a pharmacy has violated any condition or committed any violation set forth in § 2530 of this title:

(1) Issue a letter of reprimand.

(2) Place a pharmacy on probationary status and require the pharmacy to:

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

b. Limit all practice and professional activities as prescribed by the Board.

(3) Suspend any pharmacy’s license.

(4) Permanently revoke any pharmacy’s license.

(5) Impose a monetary penalty not to exceed $250,000 for each violation and not more than $250,000 for each day of a continuing violation.

85 Del. Laws, c. 49, § 1; 

(a) The pharmacy must maintain a record of every prescription dispensed or compounded at the pharmacy for a period of not less than 3 years. The record of prescriptions must at all times be available for inspection by authorized agents of the Board.

(b) Upon request by a person for such person’s pharmacy records, a pharmacy shall provide such records as soon as is reasonably possible, but by no later than 15 business days after such person has made the request to the pharmacy, unless an emergency or a medical condition dictates that such records should be produced immediately. Nothing herein may be construed as limiting or lessening the pharmacy’s obligations to maintain confidentiality of such records and the pharmacy must follow such pharmacy’s standard procedures to ensure maintenance of confidentiality of such records.

24 Del. Laws, c. 140, §  14;  26 Del. Laws, c. 147;  Code 1915, §  870;  Code 1935, §  950;  24 Del. C. 1953, §  2560;  68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 149, §  213;  76 Del. Laws, c. 167, §  1;  77 Del. Laws, c. 228, §  1;  85 Del. Laws, c. 49, § 1; 

The prescription department must meet the requirements of the Board’s rules and regulations.

Code 1935, §  942;  46 Del. Laws, c. 142, §  1;  24 Del. C. 1953, §  2561;  53 Del. Laws, c. 90, §§  23-25;  59 Del. Laws, c. 318, §  5;  68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 167, §  1;  85 Del. Laws, c. 49, § 1; 

(a) An agent of the Board may enter and inspect, during business hours, any pharmacy or other place in this State where drugs are manufactured, packed, packaged, stocked, distributed, dispensed, or offered for sale.

(b) An agent of the Board acting pursuant to subsection (a) of this section may do any of the following:

(1) Inspect and copy records required by this chapter to be kept.

(2) Inspect within reasonable limits and in a reasonable manner the premises and all pertinent equipment, finished and unfinished materials, containers, and labeling found therein.

(3) Inspect other things therein, including records, files, papers, processes, controls, and facilities relating to a violation of this chapter.

(4) Make an inventory of the stock of drugs therein and obtain samples of drugs and other substances.

(c) All information gathered under this section is to be kept confidential in accordance with all federal and state laws governing privacy.

Code 1935, §  956D;  41 Del. Laws, c. 87, §  5;  24 Del. C. 1953, §  2562;  68 Del. Laws, c. 206, §  1;  70 Del. Laws, c. 149, §  214;  76 Del. Laws, c. 167, §  1;  85 Del. Laws, c. 49, § 1; 

(a) A pharmacy located in another state, the District of Columbia, or a territory of the United States which delivers, dispenses, or distributes by any method a prescription drug to an ultimate user in this State must obtain a nonresident pharmacy license from the Board. A nonresident pharmacy may not deliver in any manner a prescription drug to an ultimate user in this State unless it has a license to do so issued by the Board.

(b) If a nonresident pharmacy which has a license issued pursuant to this section delivers in any manner a prescription drug and the prescription drug is not personally hand delivered to the ultimate user, a written notice must be placed in theshipping container to alert the patient that:

(1) Under certain circumstances a prescription drug’s effectiveness may be affected by exposure to extremes of heat, cold, or humidity.

(2) A local or a toll-free telephone service is available, staffed by a registered pharmacist, to answer questions about the prescription drug.

(c) Upon submission of an application, payment of the appropriate fee, and fulfillment of all standards set forth in the Board’s rules and regulations, the Board shall issue a license when the applicant provides evidence, verified by oath, that the pharmacy meets all of the following requirements:

(1) Holds a license in good standing an all states or jurisdictions where the applicant is or was licensed.

(2) Has not obtained a license by misrepresentation or fraud.

(3) Has not been disciplined by a regulatory agency.

(4) Submits the most recent inspection report, that is approved by the Board, and satisfies all of the following requirements:

a. The inspection occurred when the pharmacy was in operation.

b. The inspection addresses all aspects of the pharmacy’s business that will be utilized in this State.

c. The inspection was performed by or on behalf of the home state licensing authority, if available.

d. The report is the most recent report available that satisfies the requirements of this paragraph (c)(4).

e. If the home state licensing authority has not conducted an inspection satisfying the requirements of this paragraph (c)(4), the pharmacy must submit an inspection report from NABP’s verified pharmacy program or from another qualified entity as determined by the Board.

(5) Submits plans for the pharmacy department as set forth in the Board’s rules and regulations.

68 Del. Laws, c. 206, §  1;  71 Del. Laws, c. 474, §§  1, 2;  76 Del. Laws, c. 167, §  1;  85 Del. Laws, c. 49, § 1; 

(a) A nonresident pharmacy must designate a registered agent in Delaware for service of process.

(b) A nonresident pharmacy that does not designate a registered agent appoints the Secretary of State to be its agent upon whom may be served all legal process in any action or proceeding against the nonresident pharmacy relating to the delivery in any manner of prescription drugs into this State.

(c) In any action or proceeding against a nonresident pharmacy, a copy of service of process must be mailed to the nonresident pharmacy by the complaining party by certified mail, return receipt requested, at the address of the nonresident pharmacy, as designated on the nonresident pharmacy’s permit application to conduct business in this State.

(d) A nonresident pharmacy which does not obtain a permit in this State pursuant to this chapter consents to service of process on the Secretary of State as sufficient service.

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

(a) A nonresident pharmacy is subject to disciplinary actions established in § 2538 of this title if, after a hearing, the Board finds that the nonresident pharmacy has done 1 or more of the following acts:

(1) Obtained a license by misrepresentation or fraud.

(2) Failed to operate according to the Board’s statutes, laws, and rules and regulations.

(3) Failed to maintain at all times a valid license to operate the pharmacy, which complies with the statutes, laws, and rules and regulations of the state in which it is physically located.

(4) Failed to maintain patient profiles in compliance with board rules and regulations.

(5) Failed to provide the Board with inspection reports within 60 days after receipt from the regulatory licensing agency of the state in which the nonresident pharmacy is physically located.

(6) Failed to maintain its records of prescription drugs dispensed to Delaware patients in a way that the records are readily retrievable, but no more than 15 days, from the records of drugs dispensed to other patients.

(7) Been disciplined by a regulatory agency.

(b) The Board shall report any disciplinary action it takes against a nonresident pharmacy to the board in the state where the pharmacy is physically located.

24 Del. C. 1953, §  2564;  53 Del. Laws, c. 90, §  26;  58 Del. Laws, c. 244, §  1;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;  85 Del. Laws, c. 49, § 1; 

(a) The Board may impose any of the following sanctions, individually or in combination, when it finds that a nonresident pharmacy has violated any condition or committed any violation set forth in § 2537 of this title:

(1) Issue a letter of reprimand.

(2) Place a nonresident pharmacy on probationary status, and require the nonresident pharmacy to:

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

b. Limit all practice and professional activities as prescribed by the Board.

(3) Suspend any nonresident pharmacy’s license.

(4) Permanently revoke any nonresident pharmacy’s license.

(5) Impose a monetary penalty not to exceed $250,000 for each violation and not more than $250,000 for each day of a continuing violation.

(b) A person who operates a pharmacy located outside this State and delivers in any manner a prescription drug into this State without having obtained a license to conduct business in this State pursuant to this chapter commits the offense of operating a nonresident pharmacy without a license and may be fined not more than $10,000 for each day that the offense occurs or continues.

24 Del. C. 1953, §  2564;  53 Del. Laws, c. 90, §  26;  58 Del. Laws, c. 244, §  1;  68 Del. Laws, c. 206, §  1;  76 Del. Laws, c. 167, §  1;  85 Del. Laws, c. 49, § 1;