Delaware General Assembly

CHAPTER 378

FORMERLY

HOUSE BILL NO. 727

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 24 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE BOARD OF PHARMACY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three- fifths of all members elected to each House thereof concurring therein):

Section 1. Amend Section 2501, Chapter 25, Title 24 of the Delaware Code, by striking Sections 2501 (a) and (b) in their entirety and by substituting in lieu thereof the following:

"(a) The State Board of Pharmacy, heretofore established and hereinafter in this Chapter referred to as the "Board", shall consist of seven persons who shall be appointed by the Governor for terms of five years from the first day of July in the year of appointment. Five of the seven persons appointed shall be:

(1) Graduates of a school or college of pharmacy accredited by the American Council on Pharmaceutical Education at the time of graduation;

(2) Licensed as pharmacists in this State; and

(3) Residents of this State and actively engaged in the practice of pharmacy in this State.

Two of the seven persons shall be appointed by the Governor and shall be known as the "public members". Said public members shall be residents of this State who have attained the age of majority and shall not be nor ever have been a member of the profession of pharmacy, or a person who has ever had any material financial interest in the providing of pharmacy service, nor shall they have been related to someone engaged in the practice of pharmacy, nor shall they be engaged in any activity directly related to the practice of pharmacy.

(b) Vacancies occurring for any reason other than the expiration of term shall be filled by the Governor for the remainder of the unexpired term."

Section 2. Amend Section 2507, Chapter 25, Title 24 of the Delaware Code by striking Sections 2507 (1) through (5) in their entirety and by substituting in lieu thereof the following:

Section 3. Amend Section 2522(1), Chapter 25, Title 24 of the Delaware Code, by striking the phrase "not to exceed $100," as it appears therein, and by substituting in lieu thereof the phrase "that reflects the cost of the examination,".

Section 4. Amend Section 2526, Chapter 25, Title 24 of the Delaware Coda, by redesignating current Sections 2526(b) through (e) as Sections 2526(c) through (1) and by inserting a new Section 2526(b) to read as follows:

"(b) Any practitioner or member of the public who has a question or complaint concerning any aspect of the practice of pharmacy may, during the regular business hours of a business day, contact the Board or the Division of Business and Occupational Regulation; or voice such question or complaint at a business meeting of the Board.

The Board shall investigate any complaint, including oral and anonymous complaints; and shall follow through on those complaints which, upon investigation, appear to be valid and wen- founded. In cues where the complainant is known to the Board, it shall, within six weeks after receipt of the complaint, notify the complainant whether or not it will take any action in the matter. If the Board decides to take no action it shall, by letter, state its reasons therefor. A record shall be kept of each complaint, formal or informal, for a period of at least five years."

Section 5. Amend Section 2589 (b)(1) of Chapter 25, Title 24 of the Delaware Code, by striking said section in its entirety and by substituting in lieu thereof the following:

"(1) The prescriber, in the case of a written prescription, places his signature on the signature line alongside the words 'substitution permitted' provided for pursuant to subsection (c) or, in the case of a verbal prescription, states that substitution may be made, or in the case of an order written in an institution licensed by the State Board of Health pursuant to Chapters 10 or 11 of Chapter 16, the prescriber has given his written authorization to fill all orders for drugs with therapeutically equivalent drug products, unless otherwise indicated;"

Section 6. Amend §10161. Chapter 101, Title 29 of the Delaware Code, by adding thereto a new subsection to read as follows:

"( ) Board of Pharmacy."

Section 7. The Board of Pharmacy shall implement in its rules and regulations guidelines permitting the computerized transfer of prescriptions between pharmacies and shall report to the General Assembly through the Joint Sunset Committee of its progress in implementing said guidelines by January 31, 1987.

Section 8. The six persons constituting the State Board of Pharmacy on the effective date of this Act shall continue in office as members of the Board until the expiration of the terms for which they were appointed

Section 9. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act arc severable

Approved June 30, 1986.