DelawareSB 180 w/ SA 1153rd General Assembly (2024–2026)SenateWALLET

AN ACT TO AMEND CHAPTER 25, TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF PHARMACY.

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Bill Overview

Analyzed Economic Effects

14 provisions identified: 8 benefits, 3 costs, 3 mixed.

Tougher penalties and supervision for drug facilities

The Board can reprimand, place on probation, suspend, or permanently revoke pharmacy and pharmaceutical establishment permits for violations. It can fine up to $250,000 per violation and up to $250,000 per day for continuing violations, and assess up to $50 per day in administrative penalties. Drug facilities must be run by qualified supervisors and key personnel cannot have fraudulently obtained licenses or serious, related convictions.

Generic and biosimilar swaps with notice

Every written prescription form must print "Substitution Permitted" by the signature line and give a place to handwrite "Brand Necessary." A pharmacist may give a generic when the prescriber authorizes it, must tell you, and must list the manufacturer on the label. A pharmacist may give an FDA-interchangeable biosimilar unless the prescriber forbids it, must tell you and list the maker, and must tell the prescriber within 10 days, except in hospitals.

More care at your pharmacy

Pharmacists can test, treat, and give vaccines under statewide protocols. They can use CLIA-waived tests and supervise interns or techs who run them. Pharmacists, interns, and certified techs may vaccinate people age 3 and older; all shots must be reported to DelVAX within 72 hours with required details. Pharmacists can start PrEP (30–60 days with a negative HIV test within 7 days and no acute symptoms or drug conflicts) and PEP if exposure was within 72 hours; training is required before first providing these services. Health plans cannot deny payment for covered pharmacist services. You may get one emergency refill of a noncontrolled chronic medicine when the prescriber is unavailable and the original was filled there.

New rules for out-of-state pharmacies

Any pharmacy outside Delaware that ships drugs to Delaware patients must hold a Delaware nonresident permit. Packages must include a heat warning and a local or toll‑free phone number answered by a pharmacist at least 40 hours per week over 6 days. Nonresident pharmacies must submit acceptable inspection reports, list key staff, keep Delaware records retrievable, and name a Delaware registered agent. The Board can fine up to $250,000 per violation (and per day) and revoke permits; shipping without a permit can be fined up to $10,000 per day.

Stricter permits and staffing for pharmacies

You must have a Board permit to operate a pharmacy; each location needs its own permit and you cannot transfer a permit without Board consent. Apply on the Board’s form and pay fees; a 60-day temporary permit, with one 60-day extension, may be issued while you finish licensing. Final licensure waits for fingerprint-based state and FBI checks of key staff, and you must pay any background-check fees. Renew permits every two years and pay the renewal fee. Each pharmacy must have one pharmacist-in-charge, and a pharmacist may be PIC for only one pharmacy. The Board will consider owners’ convictions and past regulatory actions when issuing or renewing.

Stronger penalties and due process rules

It is illegal to practice pharmacy without a valid license; a first conviction carries a $500–$1,000 fine and later convictions $1,000–$2,000. Dispensing a substitute drug without required authorization is a crime with a $500–$1,000 fine, 30 days to 1 year in jail, or both. For rule violations, the Board may reprimand, put you on probation, suspend or revoke your license, and fine up to $10,000 for each first violation and up to $50,000 for each later violation. When there is clear and immediate danger, the Secretary of State and Board chair may suspend a license after at least 24 hours’ notice for up to 60 days; you can request an expedited hearing within 5 days. The Board must investigate complaints, can seek cease-and-desist orders for unlicensed practice, lists grounds for discipline, holds hearings under the Administrative Procedures Act, and you can appeal a written decision to Superior Court within 30 days.

Pharmacy permits, renewals, and closures

A pharmacy must pass a Board inspection before opening. The Executive Secretary may issue a 60‑day temporary permit (one 60‑day extension allowed) while a permanent permit is pending. Permits renew every two years with a fee, and the late‑renewal window cannot exceed one year. A permit ends if ownership or controlling interest changes, the legal entity ends, or the business stops. The Board can suspend or revoke a permit if the prescription area is closed more than 14 straight days without reasonable cause. You must tell the Board 14 days before a permanent closing and 5 days before a temporary closing longer than 7 business days.

Counseling and treatment path for pharmacists

The Board can offer voluntary counseling and a plan of correction for some violations; if you complete it, it is not discipline. An impaired pharmacist may enter an approved treatment program by agreement; no discipline applies if you finish it and you have no complaint or felony or drug conviction. You must stop practicing during treatment, agree to testing and record releases, pay program costs, and get Board approval to return; related records are not public.

Clear labels, records, and safety notices

Pharmacies must label each medicine with your name, drug name and strength, directions, prescriber, prescription number, date, and the pharmacy’s name and address. If a prescription is unclear, the pharmacist must try to contact the prescriber. You can get your pharmacy records in paper form unless you agree otherwise, as soon as possible and no later than 15 business days, and immediately in a medical emergency. Pharmacies must post a clear notice telling you to contact the Board of Pharmacy for unresolved medication errors. Prescription areas must be lockable, only a pharmacist may lock or unlock them, a sign must show the pharmacist on duty, and minimum layout sizes apply; older areas (existing on Feb. 11, 1992) are exempt unless remodeled or moved.

Rules for trainees and limited sales

Students and recent graduates may get supervised practical training. Pharmacy interns and technicians may do allowed tasks under a pharmacist’s supervision. Some registered non-pharmacy businesses may sell medicinal gases or certain veterinary noncontrolled prescription drugs if they have proper orders, keep required records for the set time, and store and dispense as the Board requires. The law also allows electronic prescriptions and lets pharmacists choose a dosage form when appropriate.

Stronger pharmacy board and registry oversight

The Board of Pharmacy has nine members: six pharmacists with at least five years of Delaware practice and three public members, one from each county, with no pharmacy conflicts. Members serve three‑year, staggered terms. The Executive Secretary must be a pharmacist and serves as a nonvoting officer. The Board can make rules for licensing, exams, continuing education, and audits. The Board also keeps a registry of drug outlets and monitors them for safety and rule compliance.

Stronger pharmacy inspections and records

Pharmacies must keep prescription records for at least three years and make them available to Board agents. Inspectors can enter during business hours, review records, check stock and equipment, and take samples; they must keep information confidential under privacy laws. Refusing access is grounds for discipline, and blocking an inspection can be fined up to $500 per incident. Inspections also cover activities involving toilet products, toothpastes, and cosmetics.

State sets license and registry fees

The Division sets license and service fees to match the costs of running the Board and its programs. It also sets fees for registries and for replacing lost or destroyed licenses and permits. Fees are set by rule and calculated each two‑year licensure period.

Pharmacist licensing, exams, and renewals

To get a Delaware pharmacist license, you must graduate from an approved pharmacy program, pass national pharmacy and law exams, submit fingerprints, and pass a background check. You must complete continuing education every two years, including controlled‑substance and impairment‑detection topics, and can be randomly audited. If your license lapses under four years, you renew with CE, fees, and checks; over four years, you must retake and pass the law exam. Pharmacists licensed in another state can get a Delaware license by reciprocity after exams and background checks, without repeating internship hours. The Board may issue a 90‑day temporary license (one 90‑day extension allowed) and can grant reasonable accommodations for applicants with disabilities.

Sponsors & Cosponsors

Sponsor

Nicole Poore
Democratic • Senate

Cosponsors

Darius J. Brown
Democratic • Senate
Eric Buckson
Republican • Senate
Daniel Cruce
Democratic • Senate
Stephanie L. Hansen
Democratic • Senate
Gerald W. Hocker
Republican • Senate
Kyra L. Hoffner
Democratic • Senate
Russell Huxtable
Democratic • Senate
Kamela T Smith
Democratic • House
Dave G. Lawson
Republican • Senate
S. Elizabeth Lockman
Democratic • Senate
Spiros Mantzavinos
Democratic • Senate
Trey Paradee
Democratic • Senate
Brian Pettyjohn
Republican • Senate
Marie Pinkney
Democratic • Senate
Bryant L. Richardson
Republican • Senate
Ray Seigfried
Democratic • Senate
David P. Sokola
Democratic • Senate
Laura V. Sturgeon
Democratic • Senate
Bryan Townsend
Democratic • Senate
John "Jack" Walsh
Democratic • Senate
David L. Wilson
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 61 • No: 0

House vote • 6/30/2025

Passed (SM required)

Yes: 40 • No: 0

Senate vote • 6/26/2025