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144th General Assembly
Senate Bill # 84 w/SA 1, SA 4

Primary Sponsor: Sokola Additional Sponsor(s):    Rep. Valihura
CoSponsors: Sens. Bunting, Connor & McDowell; NewLine, Reps. Hudson, Longhurst, Maier & Viola
Introduced on : 04/26/2007
Long Title:AN ACT TO AMEND CHAPTER 25, TITLE 24 OF THE DELAWARE CODE BY STRIKING CHAPTER 25 IN ITS ENTIRETY AND BY SUBSTITUTING THE FOLLOWING THEREOF.
Synopsis:This bill replaces and updates the current pharmacy chapter of Title 24, including provisions relating to objectives, licensure, examination, reciprocity, complaints, grounds for discipline, hearings, and sanctions. The provision for a counseling option for pharmacists impaired by drug or alcohol use or abuse is maintained, but the section has been amended to provide that if the pharmacist does not agree with the alleged facts, the matter proceeds with a complaint and an opportunity for a hearing.

The bill provides for an inactive license for up to four years and a reentry process for a former licensee who has a longer period of inactivity. Applicants for a license to practice pharmacy must now provide criminal background histories. Because this can be a prolonged process, there is a new provision for a temporary license. There are also provisions for temporary permits for pharmacies and pharmaceutical establishments to expedite the processing of applications.

The bill defines a certified pharmacy technician and a pharmacy technician as supportive personnel who may work only under the direct supervision of a pharmacist. The bill defines “direct supervision”; the rules and regulations of the Board define the activities permitted for both levels of supportive personnel within the statutory parameters. For example, neither a certified pharmacy technician nor a pharmacy technician may ever certify a prescription, perform drug utilization review, counsel patients, or perform other designated activities, because those activities are statutorily limited to being performed only by pharmacists, interns, and certain pharmacy students.

The Board shall establish in it rules and regulations the method by which a pharmacy must notify consumers that dispensing errors and other complaints can be reported to the Board of Pharmacy. An exemption is added for prescription gases, such as oxygen, to allow the sale by a business that is not a pharmacy under certain conditions. The bill also provides that pharmacies, including nonresident pharmacies and other drug outlets, obtain permits that are renewed biennially. These establishments can be sanctioned by the Board with permit suspension or revocation or with a daily monetary penalty

Current Status: Signed   On   07/24/2007
Volume Chapter76:167
Fiscal Note:
Not Required
Date Governor acted:07/24/2007
Full text of Legislation:
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Full text of Legislation:
(in MS Word format)
Legis.Doc   (You need Microsoft Word to see this document.)

Amendments: SA 1 to SB 84 - Passed
SA 2 to SB 84 - Stricken
SA 3 to SB 84 - Stricken
SA 4 to SB 84 - Passed
Committee Reports:
Senate Committee report 06/20/07 F=0 M=3 U=0----->Committee Report
House Committee Report 06/30/07 F=0 M=3 U=0---->Committee Report
Voting Reports:
Senate vote: () Passed 6/28/07 5:02:54 PM------->Voting Record
House vote: () Passed 7/1/07 1:24:22 AM------->Voting Record
Engrossed Version:
Engrossment------->Engrossment
Actions History:
Jul 24, 2007 - Signed by Governor
Jul 01, 2007 - Passed by House of Representatives. Votes: 41 YES 0 NO 0 NOT VOTING 0 ABSENT
Jul 01/2007 - Necessary rules are suspended in House
Jun 30, 2007 - Reported Out of Committee (POLICY ANALYSIS & GOVERNMENT ACCOUNTABILITY) in House with 3 On Its Merits
Jun 30, 2007 - Introduced and Assigned to Policy Analysis & Government Accountability Committee in House
Jun 28, 2007 - Passed by Senate. Votes: 20 YES 0 NO 0 NOT VOTING 1 ABSENT
Jun 28, 2007 - Amendment SA 4 - Passed by Senate. Votes: 20 YES 0 NO 0 NOT VOTING 1 ABSENT
Jun 28, 2007 - Amendment SA 4 - Introduced and Placed With the Bill in Senate
Jun 28, 2007 - Amendment SA 3 - Stricken
Jun 28, 2007 - Amendment SA 2 - Stricken
Jun 28, 2007 - Lifted From Table in Senate
Jun 27, 2007 - Amendment SA 3 - Introduced and Placed With the Bill in Senate
Jun 26, 2007 - Laid On Table in Senate
Jun 26, 2007 - Amendment SA 2 - Introduced in Senate
Jun 26, 2007 - Amendment SA 1 - Passed by Senate. Votes: 20 YES 0 NO 0 NOT VOTING 1 ABSENT
Jun 26, 2007 - Amendment SA 1 - Introduced in Senate
Jun 20, 2007 - Reported Out of Committee (SUNSET) in Senate with 3 On Its Merits
Apr 26, 2007 - Assigned to Sunset Committee in Senate
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