SPONSOR: Rep. Ulbrich

HOUSE OF REPRESENTATIVES

140th GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE BILL NO. 134

Amend House Bill No. 134 by striking lines 1 through 50 in their entirety and by substituting the following in lieu thereof:

Section 1. Amend subsection (d), §2502, Title 24 of the Delaware Code by striking said subsection in its entirety and substituting the following in lieu thereof:

"(d) ‘Drug outlet’ shall mean a pharmacy, an in-state or out-of-state drug wholesaler, a drug manufacturer, a drug distributor, or a non-pharmacy veterinary drug outlet.".

Section 2. Amend paragraph (5), subsection (l), §2502, Title 24 of the Delaware Code by striking said paragraph in its entirety and substituting the following in lieu thereof:

"(5) Advisor to the practitioner and other health care professionals, as well as to the patient, regarding the total scope of drug therapy in order to deliver the best care possible.".

Section 3. Amend subsection (m), §2502, Title 24 of the Delaware Code by striking said subsection in its entirety and substituting the following in lieu thereof:

"(m) ‘Practitioner’ shall mean any person, who is authorized by law to prescribe drugs in the course of professional practice or research in the state in which he or she is licensed.".

Section 4. Amend subsection (4), §2512, Title 24 of the Delaware Code by striking said subsection in its entirety and substituting the following in lieu thereof:

"(4) The Board shall submit a written report to the Governor within three months after the conclusion of the fiscal year. The Board shall make a copy of the report available to anyone who requests a copy.".

Section 5. Amend subsection (7), §2512, Title 24 of the Delaware Code by striking in its entirety the following sentence as the same appears in said subsection: "Registrants who do not pay the fee by the date due shall be assessed an additional $10.".

Section 6. Amend §2517, Title 24 of the Delaware Code by striking said section in its entirety and by substituting the following in lieu thereof:

"§2517. Issuance and renewal of licenses; inactive status; reinstatement.

(a) The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as a pharmacist and who pays the fee established in §2512 of this title.

(b) Each license shall be renewed biennially, in such manner as is determined by the Division of Professional Regulation, and upon payment of the appropriate fee and submission of a renewal form provided by the Division of Professional Regulation, and proof that the licensee has met the continuing education requirements established by the Board. The number of continuing education units (CEUs) required for relicensure shall not exceed three CEUs during any biennial licensure period. Continuing education programs currently approved by the American Council on Pharmaceutical Education shall automatically qualify for continuing education credit.

(c) The Board, in its rules and regulations, shall determine the period of time within which a licensed pharmacist may still renew his or her license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date.

(d) Any licensee, upon written request, may be placed in an inactive status. The license shall be clearly marked ‘inactive.’ The renewal fee of a licensee on inactive status will be prorated in accordance with the amount of time such person is on inactive status.

(e) The licensee may re-enter practice after written notification to the Board of the licensee’s intent to do so and after satisfying all of the continuing education requirements, including any regulations established by the Board for returning to active status, and by paying the appropriate renewal fee. No pharmacist while on ‘inactive’ status shall engage in the practice of pharmacy.

(f) A former licensee, whose license has been revoked, and who subsequently is permitted to apply for reinstatement, shall apply for a new license and shall successfully complete the national examination and shall pay all appropriate fees."

Section 7. Amend §2518, Title 24 of the Delaware Code by renumbering current paragraph (9) as new paragraph (10).

Section 8. Amend §2518, Title 24 of the Delaware Code by adding a new paragraph (9) to read as follows:

"(9) Practicing pharmacy while on inactive status;"

Section 9. Amend subsection (c), §2528, Title 24 of the Delaware Code by striking said subsection in its entirety and substituting the following in lieu thereof:

"(c) The permit shall terminate if and when there is a transfer of a controlling interest in the pharmacy or the pharmacy ceases legal existence or discontinues business or professional practice."

Section 10. Amend paragraph (4), subsection (b), §2553, Title 24 of the Delaware Code by striking said paragraph in its entirety and by substituting the following in lieu thereof:

"(4) The drug is therapeutically equivalent according to the /Food and Drug Administration (FDA) Approved Drug Products Manual’ known as the ‘Orange Book’ and its supplements, formerly known as ‘Approved Prescription Drug Products with Therapeutic Equivalents Evaluations’ and its supplements.".

Section 11. Amend subsection (c), §2553, Title 24 of the Delaware Code by striking said subsection in its entirety and substituting the following in lieu thereof:

"(c) Prescription form. Every prescription written in this State by a person, who is authorized to prescribe drugs and who is licensed in this State, shall be on a prescription form containing two lines for the prescriber’s signature. Alongside the first signature line shall be clearly printed the words, ‘Dispense as Written’. Alongside the second signature line shall be clearly printed the words, ‘Substitution Permitted’. Every prescriber of prescription drugs in this State shall use prescription forms containing the appropriate signature line and statement. A prescription form from another state that meets the standards of that state shall be a valid prescription."

SYNOPSIS

This amendment updates wording in H.B. 134 to conform to language recommended by the Sunset Committee for regulatory boards and commissions regarding biennial license renewal and failure to renew; adds inactive status; prohibits practice of pharmacy while on inactive status. In addition it expands the defintion of 'practitioner' to include pharmacists licensed in other states; terminates permit to operate a pharmacy when there is a transfer of a controlling interest in a pharmacy or when the pharmacy discontinues business or professional practice; updates the name of the FDA's prescription manual; directs the Board of Pharmacy to provide a copy of its fiscal year-end report to anyone who requests a copy; and provides that Delaware pharmacists can fill an out-of-state prescription form if it complies with that state's standards.