§ 2535 — Nonresident pharmacies [Effective June 30, 2026]

Delaware § 2535

• Jurisdiction: Delaware
• Title: 24
• Ch. 25: Pharmacy [Effective until June 30, 2026].
• Subch.: Pharmacies [Effective June 30, 2026].

Text

(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.

Legislative History

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