(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 conclus
Free access — add to your briefcase to read the full text and ask questions with AI
(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