§ 2503 — Board of Pharmacy; appointments; composition; qualifications; terms; vacancies; suspension or removal; unexcused absences; compensation [Effective June 30, 2026]

(a) The Board shall administer and enforce this chapter.

(b) The Board consists of 9 members who are appointed by the Governor, who are residents of this State, and who are comprised as follows:

(1) Six members are pharmacists who have been engaged in the practice of pharmacy in Delaware for at least 5 years and who are representative of the various practice settings in the field of pharmacy.

(2) Three members are public members. A public member:

a. May not be, nor ever have been, a pharmacist or a member of the immediate family of a pharmacist.

b. May not be, nor ever have been, employed by a pharmacy.

c. May not have a material interest in the providing of goods or services to a pharmacy.

d. May not be, nor ever have been, engaged in an activity directly related to the practice of pharmacy.

e. Must be accessible to inquiries, comments, and suggestions from the general public.

(c) Each member is appointed for a term of 3 years and may serve 2 additional, successive terms. Each term of office expires on the date specified in the appointment; however, a member remains eligible to participate in Board proceedings until the Governor replaces that member.

(d) A person who has never served on the Board may be appointed to the Board for 3 consecutive terms; but that person is thereafter ineligible to serve for 2 consecutive appointments.

(e) An act or vote on Board business by a person appointed to the Board in violation of this section is invalid.

(f) The Governor shall suspend or remove a member of the Board for the member’s misfeasance, nonfeasance, malfeasance, misconduct, incompetency, or neglect of duty. A member subject to a disciplinary hearing must be disqualified from board business until the charge is adjudicated or the matter is otherwise concluded. A board member may appeal to the Superior Court a suspension or removal initiated pursuant to this subsection.

(g) A member of the Board, while serving on the Board, may not hold elective office in any professional association of pharmacists or serve as an officer of a professional association’s political action committee (PAC).

(h) The provisions of the State Employees’, Officers’ and Officials’ Code of Conduct set forth in Chapter 58 of Title 29 apply to the members of the Board.

(i) A member who is absent without adequate reason for 3 consecutive regular business meetings or who fails to attend at least1/2of all regular business meetings during any calendar year is guilty of neglect of duty.

(j) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, and in addition shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, § 9.

Legislative History

24 Del. Laws, c. 140, §§ 7, 10 ; Code 1915, §§ 856, 859; 36 Del. Laws, c. 103, § 1 ; Code 1935, § 936; 45 Del. Laws, c. 90, § 2 ; 24 Del. C. 1953, §§ 2501, 2505; 53 Del. Laws, c. 90, §§ 1, 3 ; 59 Del. Laws, c. 318, § 1 ; 60 Del. Laws, c. 586, §§ 1, 2 ; 62 Del. Laws, c. 251, §§ 2, 3 ; 65 Del. Laws, c. 378, § 1 ; 67 Del. Laws, c. 366, § 7 ; 67 Del. Laws, c. 368, § 13 ; 68 Del. Laws, c. 206, § 1 ; 70 Del. Laws, c. 186, § 1 ; 76 Del. Laws, c. 167, § 1 ; 77 Del. Laws, c. 319, § 1 ; 79 Del. Laws, c. 238, § 1 ; 80 Del. Laws, c. 80, § 13 ; 81 Del. Laws, c. 85, § 12 ; 83 Del. Laws, c. 52, § 14 ; 84 Del. Laws, c. 42, § 1 ; 85 Del. Laws, c. 49, § 1