§ 2538 — Disciplinary sanctions for nonresident pharmacies [Effective June 30, 2026]

(a) The Board may impose any of the following sanctions, individually or in combination, when it finds that a nonresident pharmacy has violated any condition or committed any violation set forth in § 2537 of this title:

(1) Issue a letter of reprimand.

(2) Place a nonresident pharmacy on probationary status, and require the nonresident pharmacy to:

a. Report regularly to the Board upon the matters which are the basis of the probation.

b. Limit all practice and professional activities as prescribed by the Board.

(3) Suspend any nonresident pharmacy’s license.

(4) Permanently revoke any nonresident pharmacy’s license.

(5) Impose a monetary penalty not to exceed $250,000 for each violation and not more than $250,000 for each day of a continuing violation.

(b) A person who operates a pharmacy located outside this State and delivers in any manner a prescription drug into this State without having obtained a license to conduct business in this State pursuant to this chapter commits the offense of operating a nonresident pharmacy without a license and may be fined not more than $10,000 for each day that the offense occurs or continues.

Legislative History

24 Del. C. 1953, § 2564; 53 Del. Laws, c. 90, § 26 ; 58 Del. Laws, c. 244, § 1 ; 68 Del. Laws, c. 206, § 1 ; 76 Del. Laws, c. 167, § 1 ; 85 Del. Laws, c. 49, § 1