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Quick reference

Delaware Pharmacy Law - Practice Act Essentials

  • Delaware pharmacy practice is regulated under 24 Del. C. ch. 25 (Pharmacy) with implementing rules in Title 26 of the Delaware Administrative Code (Board of Pharmacy regulations); the Board of Pharmacy sits within the Division of Professional Regulation.

  • Licensure types include pharmacist license, pharmacy (institutional and community) registration, and registration of pharmacy interns and pharmacy technicians; a pharmacy may not operate without a valid Delaware pharmacy license for that physical location.

  • Continuing education for pharmacist renewal: Delaware requires CE hours each biennial renewal period (verify the current number and any mandated topic hours, e.g., controlled substances, directly with the Board, since counts have changed); CE must be ACPE-accredited or Board-approved.

  • Pharmacist license renewal is biennial; pharmacies and other credentials also renew on Board-set cycles. Practicing on an expired credential is unlicensed practice, even if a renewal application is pending.

  • Prescription requirements: a prescription must include the prescriber's name, DEA number where required, patient name and address, drug name/strength/quantity/directions, date, and refills authorized; oral prescriptions are permitted for most non-controlled drugs with pharmacist documentation.

  • Substitution: a pharmacist may substitute a therapeutically equivalent generic unless the prescriber writes 'dispense as written' or the patient refuses; the patient must be informed of the substitution and the record must show what was dispensed.

  • Labeling: the dispensing label must show pharmacy name and address, prescription number, date, patient name, prescriber, directions, drug name/strength, quantity, and required cautions; supplemental consumer information must be offered.

  • Patient counseling is required (or documented refusal) for new prescriptions and is performed by the pharmacist or an intern under pharmacist supervision; counseling may be waived only in defined circumstances such as emergencies.

  • Records: prescription records must be retained for the period set by Board rule (commonly 2-5 years; confirm current rule) and must be readily retrievable for Board inspection; automated systems must be able to produce a hard copy.

Quick reference

Delaware Controlled Substances Law - CSPS and Federal Overlay

  • Delaware's Uniform Controlled Substances Act is 16 Del. C. ch. 47; scheduling mirrors the federal CSA schedules I-V, and Delaware's schedules are automatically updated when the federal government reschedules a substance.

  • Delaware uses a state controlled substance registration (CSR) issued by the Office of Controlled Substances within the Division of Professional Regulation, in addition to the federal DEA registration; both are required to handle controlled substances.

  • Prescriptions for Schedule II drugs must be written (electronic prescribing is permitted and in some cases required), cannot be refilled, and must be filled within the time limit set by rule; Schedule III-V prescriptions may be refilled only up to the number authorized and within the rule's time window.

  • Delaware's prescription drug monitoring program (PMP) requires dispensers to report controlled substance dispensing (generally within 24 hours or the next business day per current rule) and requires prescribers to check the PMP before prescribing certain controlled substances, especially opioids.

  • Schedule II prescriptions may be partially filled under federal and Delaware rules when the pharmacist cannot supply the full quantity, with the balance dispensed within the permitted window (generally 72 hours) or the prescription is void for the remainder.

  • Emergency oral Schedule II prescriptions: a pharmacist may dispense on an oral order only in a bona fide emergency, with a written/electronic follow-up prescription from the prescriber required within 7 days.

  • Theft or significant loss of controlled substances must be reported to DEA and to Delaware's Office of Controlled Substances, and the pharmacy must complete the required DEA Form 106 and maintain corresponding records.

  • Schedule V and certain non-controlled precursors have specific recordkeeping and identification requirements; pseudoephedrine sales are logged and subject to quantity limits under federal Combat Methamphetamine Epidemic Act rules enforced at the Delaware pharmacy level.

  • Disposal: unused or expired controlled substances are handled through reverse distributors or DEA-authorized collection; pharmacies must maintain records of transfers and cannot simply discard controlled substances in the trash.