§ 2528 — Requirements for and issuance of license [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.

Legislative History

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