§ 2537 — Grounds for discipline of a nonresident pharmacy [Effective June 30, 2026]

(a) A nonresident pharmacy is subject to disciplinary actions established in § 2538 of this title if, after a hearing, the Board finds that the nonresident pharmacy has done 1 or more of the following acts:

(1) Obtained a license by misrepresentation or fraud.

(2) Failed to operate according to the Board’s statutes, laws, and rules and regulations.

(3) Failed to maintain at all times a valid license to operate the pharmacy, which complies with the statutes, laws, and rules and regulations of the state in which it is physically located.

(4) Failed to maintain patient profiles in compliance with board rules and regulations.

(5) Failed to provide the Board with inspection reports within 60 days after receipt from the regulatory licensing agency of the state in which the nonresident pharmacy is physically located.

(6) Failed to maintain its records of prescription drugs dispensed to Delaware patients in a way that the records are readily retrievable, but no more than 15 days, from the records of drugs dispensed to other patients.

(7) Been disciplined by a regulatory agency.

(b) The Board shall report any disciplinary action it takes against a nonresident pharmacy to the board in the state where the pharmacy is physically located.

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