Title 24, Professions and Occupations

§ 2529. Renewal of license; closing of pharmacy. (a) A license to operate a pharmacy must be renewed biennially in a manner determined by the Division, including the payment of the renewal fee. (b) The Board, in its rules and regulations, shall determine the period within which a…

§ 2530. Grounds for discipline of a pharmacy license. A license is subject to the disciplinary actions established in § 2531A of this title if, after a hearing, the Board finds that the licensee has done 1 or more of the following acts: (1) The pharmacy is not being operated acco…

§ 2531. Hearings on actions involving licenses. (a) If the Board intends not to issue a license or intends to discipline a license, the Board shall give written notice to the applicant or licensee of the intended action and the reasons therefor. The applicant or licensee has at l…

§ 2531A. Disciplinary sanctions for pharmacies. The Board may impose any of the following sanctions, individually or in combination, when it finds that a pharmacy has violated any condition or committed any violation set forth in § 2530 of this title: (1) Issue a letter of reprim…

§ 2532. Pharmacy records. (a) The pharmacy must maintain a record of every prescription dispensed or compounded at the pharmacy for a period of not less than 3 years. The record of prescriptions must at all times be available for inspection by authorized agents of the Board. (b) …

§ 2533. Prescription department. The prescription department must meet the requirements of the Board’s rules and regulations.Code 1935, § 942; 46 Del. Laws, c. 142, § 1; 24 Del. C. 1953, § 2561; 53 Del. Laws, c. 90, §§ 23-25; 59 Del. Laws, c. 318, § 5; 68 Del. Laws, c. 206, § 1; …

§ 2534. Inspections. (a) An agent of the Board may enter and inspect, during business hours, any pharmacy or other place in this State where drugs are manufactured, packed, packaged, stocked, distributed, dispensed, or offered for sale. (b) An agent of the Board acting pursuant t…

§ 2535. Nonresident pharmacies. (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 …

§ 2536. Nonresident pharmacies: service of process; registered agent. (a) A nonresident pharmacy must designate a registered agent in Delaware for service of process. (b) A nonresident pharmacy that does not designate a registered agent appoints the Secretary of State to be its a…

§ 2537. Grounds for discipline of a nonresident pharmacy . (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…

§ 2538. Disciplinary sanctions for nonresident pharmacies. (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: (…

§ 2540. Requirements for pharmaceutical activities not carried on in a pharmacy. (a) Drugs may not be manufactured, packed, packaged, or distributed within this State unless done so under the personal and immediate supervision of a person approved by the Board after investigation…

§ 2540A. Requirements for issuance of license for manufacturers, wholesale distributors, outsourcing facilities, and medical gas distributors. (a) All applicants under this subchapter must meet all of the following requirements: (1) The establishment must operate under the person…

§ 2541. Application and fee for a permit to operate a pharmaceutical establishment [Effective June 30, 2026] [Repealed].Code 1935, § 956B; 41 Del. Laws, c. 87, § 3; 24 Del. C. 1953, § 2572; 53 Del. Laws, c. 90, § 29; 53 Del. Laws, c. 108, § 28; 59 Del. Laws, c. 318, §§ 7, 8; 62 D…

§ 2542. Renewal of permit. A permit to operate a pharmaceutical establishment must be renewed biennially in a manner determined by the Division, including the payment of the renewal fee established pursuant to § 2511 of this title.Code 1935, § 956B; 41 Del. Laws, c. 87, § 3; 24 D…

§ 2543. Hearings and appeals to Superior Court. A person aggrieved by a board decision made pursuant to this subchapter has the substantive and procedural rights to notice, hearing, and appeal described in the Administrative Procedures Act, Chapter 101 of Title 29.Code 1935, § 95…

§ 2544. Inspections. Inspections of pharmaceutical establishments are conducted in the same manner as inspections of pharmacies pursuant to § 2534 of this title.Code 1935, § 956D; 41 Del. Laws, c. 87, § 5; 24 Del. C. 1953, § 2574; 68 Del. Laws, c. 206, § 1; 70 Del. Laws, c. 149, …

§ 2545. Grounds for discipline for pharmaceutical establishments. The Board may discipline a license to operate a pharmaceutical establishment, other than a pharmacy, where: (1) The establishment is not being operated according to applicable state and federal law and the Board’s …

§ 2546. Disciplinary sanctions for pharmaceutical establishments. The Board may impose any of the following sanctions, individually or in combination, when it finds that 1 or more of the conditions or violations set forth in § 2545 of this title applies to a pharmaceutical establ…

§ 2547. Use of certain descriptive titles. Nothing in this chapter may be construed to prohibit the use of the phrase “proprietary medicine store,” “patent medicine store,” “health and beauty aids,” or “apothecary” but only to the extent that the practice of pharmacy is not occur…

§ 2548. Jurisdiction [Effective June 30, 2026] [Repealed].34 Del. Laws, c. 71; Code 1915, § 874A; Code 1935, §§ 955, 956E; 41 Del. Laws, c. 87, § 6; 46 Del. Laws, c. 143, § 1; 24 Del. C. 1953, § 2586; 49 Del. Laws, c. 220, § 27; 68 Del. Laws, c. 206, § 1; 69 Del. Laws, c. 423, § …

§ 2549. Substitution of drugs [Effective June 30, 2026]. Transferred to § 2550 of this title by 85 Del. Laws, c. 49, § 1, effective June 30, 2026.

§ 2549A. Dispensing and substitution of biological products [Effective June 30, 2026]. Transferred to § 2551 of this title by 85 Del. Laws, c. 49, § 1, effective June 30, 2026.

§ 2550. Substitution of drugs. (a) When a pharmacist receives a prescription drug order from a practitioner for a brand or trade name drug, the pharmacist may dispense a therapeutically equivalent drug if the following conditions are met: (1) The practitioner, in the case of a wr…

§ 2551. Dispensing and substitution of biological products. (a) A pharmacist may substitute for a prescribed biological product only if: (1) The practitioner has not expressly prohibited substitution in a manner specified in § 2550 of this title. (2) The product to be substituted…

§ 2552. Emergency refills of noncontrolled drugs. A pharmacist may dispense an emergency supply of a noncontrolled drug to a patient pursuant to the requirements set forth in the Board’s rules and regulations.68 Del. Laws, c. 206, § 1; 70 Del. Laws, c. 186, § 1; 76 Del. Laws, c. …

§ 2565. Scope of practice of licensed pharmacists [For application of this section, see 85 Del. Laws, c. 418, § 6]. A pharmacist licensed under this chapter is authorized to do all of the following: (1) Participate in drug utilization or drug regimen reviews. (2) Participate in t…

§ 2566. Independent prescriptive authority [For application of this section, see 85 Del. Laws, c. 418, § 6]. (a) A pharmacist licensed under this chapter may exercise independent prescriptive authority as follows: (1) For over-the-counter products. (2) In accordance with a collab…

§ 2567. Continuity of care [For application of this section, see 85 Del. Laws, c. 418, § 6]. A pharmacist licensed under this chapter exercising independent prescriptive authority under § 2566 of this title must comply with rules adopted by the Board to ensure continuity of patie…

§ 2568. Medications for opioid use disorder treatment [For application of this section, see 85 Del. Laws, c. 418, § 6]. A licensed pharmacist exercising independent prescriptive authority under § 2566 of this title may, under a standing order from the Division of Public Health, p…

§ 2569. Malpractice reporting requirement [For application of this section, see 85 Del. Laws, c. 418, § 6]. A pharmacist practicing under this chapter shall inform the Board in writing of any medical malpractice claim against the pharmacist that has been settled or adjudicated to…

§ 2570. Regulations and interpretation [For application of this section, see 85 Del. Laws, c. 418, § 6]. (a) The Board shall amend and adopt regulations as necessary to implement this subchapter. (b) Nothing in this subchapter may be construed to prohibit or invalidate the contin…

§ 2601. Objectives of Board. The primary objective of the Examining Board of Physical Therapists and Athletic Trainers, to which all other objectives and purposes are secondary, is to protect the general public (especially those persons who are direct recipients of services regul…

§ 2601C. Physical Therapy Licensure Compact; purpose. (a) The State hereby enters into the Physical Therapy Licensure Compact (“Compact”) as set forth in this chapter. The text of the Compact is as set forth in this chapter. (b) The purpose of this Compact is to facilitate inters…

§ 2601D. Title and purpose. This chapter shall be known and cited as the “Athletic Trainer Compact.” The purposes of this compact are to expand mobility of athletic training practice and improve public access to services by providing qualified licensed athletic trainers the abili…

§ 2602. Definitions. As used in this chapter, unless the content requires otherwise, the following words shall have the following meanings: (1) “Athletic injury” is a musculoskeletal or other acute, nonmusculoskeletal sports-related injury resulting from or limiting participation…

§ 2602C. Definitions. As used in this Compact, and except as otherwise provided, the following definitions apply: (1) “Active duty military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on ac…

§ 2602D. Definitions. As used in this compact, unless the context requires otherwise, the following definitions shall apply: (1) “Active military member” means any individual with full-time duty status in the active armed forces of the United States, including members of the Nati…

§ 2603. Examining Board of Physical Therapists and Athletic Trainers — Appointment; vacancies; suspension or removal; unexcused absences; qualifications; term of office; compensation of officers. (a) There is hereby created the State Examining Board of Physical Therapists and Ath…

§ 2603A. Organization; meetings; officers; quorum. (a) The Board shall elect annually from its membership a Chairperson, a Vice-Chairperson, and a Secretary. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive terms. (b) The Bo…

§ 2603B. Records. The Division shall keep a register of all approved applications for licenses under this chapter and complete records relating to meetings of the Board, rosters, changes, and additions to the Board’s rules and regulations, complaints, hearings, and such other mat…

§ 2603C. State participation in the Compact. (a) To participate in the Compact, a state must do all of the following: (1) Participate fully in the Commission’s data system, including using the Commission’s unique identifier as defined in rules. (2) Have a mechanism in place for r…

§ 2603D. State participation in the compact. (a) To be eligible to join this compact and to maintain eligibility as a member state, a state must: (1) Enact and maintain a statute that is not materially different from the model compact language; (2) License and regulate the practi…

§ 2604. Powers and duties of Board. (a) The Examining Board of Physical Therapists and Athletic Trainers shall have authority to: (1) Adopt rules and regulations, which shall be promulgated in accordance with the requirements of the Administrative Procedures Act, Chapter 101 of T…

§ 2604C. Compact privilege. (a) To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall: (1) Hold a license in the licensee’s home state. (2) Have no encumbrance on any state license. (3) Be eligible for a compact privilege in any membe…

§ 2604D. Compact privilege. (a) To be eligible for a compact privilege under the terms and provisions of the compact, the licensee shall complete a criminal background check performed by the licensing authority in the state of qualifying licensure prior to entry in the compact an…