Delaware News: New Pharmacy Laws

September 1, 2007 3:50 PM

Published in the September 2007 Delaware State Board of Pharmacy Newsletter

On July 24, 2007, Governor Ruth Ann Minner signed Senate Bill 84. The bill amends the entire Pharmacy Act as initiated by the General Assembly’s Sunset Committee. Among the amendments, the new law includes the following:

• It replaces and updates the current provisions for objectives, licensure, examination, reciprocity, complaints, and grounds for discipline, hearings, and sanctions.
• The provision for a counseling option for pharmacists is maintained, but the section has been amended to provide that if the pharmacist does not agree with the alleged facts, the matter shall proceed with a complaint with an opportunity for a hearing if a determination is made to prosecute.
• The act provides for an inactive license for up to four years and a reentry process for a former licensee having a longer period of inactivity.
• Language is included to require applicants to provide criminal background histories. Since this can be a prolonged process, there is a new provision for a temporary license. There are also provisions for temporary permits for pharmacies and other pharmaceutical establishments to expedite the processing of applications.
• The act defines a certified pharmacy technician and a pharmacy technician as the supportive personnel who can work under the direct supervision of a pharmacist. The act defines “direct supervision,” and the Delaware State Board of Pharmacy shall define the activities permitted for each level of support, within the statutory parameters, in its rules and regulations.
• The Board shall establish in its rules and regulations the method by which a pharmacy must notify consumers that dispensing errors can be reported to the Board of Pharmacy. Under certain conditions, an exemption is added for prescription gases, such as oxygen, to allow the sale by a business that is not a pharmacy.
• The act also provides that pharmacies, including nonresident and other outlets obtain permits that are renewed biennially and can be sanctioned by the Board with suspension, revocation of permit, or daily penalty. The penalty sections and permit holders, and the Delaware Justice of the Peace Court continues to have jurisdiction over those who violate the statute but do not have a license or permit.
  Pharmacists should review and will be responsible for the requirements under the new Pharmacy Act 24 Del. C. Section 2500 to the end. For review of the act and to obtain a written copy, please see our Web site at www.dpr.delaware.gov.