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Delaware pharmacy practice act citation
Delaware pharmacy practice is codified at 24 Del. C. ch. 25, with detailed requirements in Title 26 of the Delaware Administrative Code, enforced by the Board of Pharmacy.
Delaware Board of Pharmacy location
The Board of Pharmacy is part of the Delaware Division of Professional Regulation, which licenses pharmacists, pharmacies, interns, and technicians and investigates complaints.
Pharmacy license is site-specific
Each physical pharmacy location must hold its own Delaware pharmacy license; a pharmacist license alone does not authorize operating a pharmacy at a new address.
Unlicensed practice consequence
Dispensing or practicing pharmacy on an expired or lapsed Delaware credential is unlicensed practice, even while a renewal application is pending review by the Board.
Required prescription elements
A valid prescription includes prescriber name and DEA number when required, patient name and address, drug, strength, quantity, directions, date, and refills authorized.
Generic substitution rule
A pharmacist may substitute a therapeutically equivalent generic unless the prescriber indicates dispense as written or the patient refuses; the patient must be informed.
Dispensing label contents
Labels must show pharmacy name and address, prescription number, date, patient name, prescriber, directions, drug name and strength, quantity, and required caution statements.
Patient counseling requirement
The pharmacist or supervised intern must offer counseling on new prescriptions; a documented refusal or a defined exception such as an emergency allows omission.
Prescription record retention
Delaware requires prescription records be kept for the period set by Board rule and be readily retrievable for inspection; automated systems must print a hard copy on request.
Continuing education for renewal
Pharmacist license renewal is biennial, and CE must be ACPE-accredited or Board-approved; verify the current hour count and mandated topics with the Board.
Pharmacy intern supervision
Interns may perform pharmacist functions only under direct pharmacist supervision; the supervising pharmacist remains responsible for accuracy and final verification.
Delaware controlled substances act
Delaware's Uniform Controlled Substances Act is 16 Del. C. ch. 47, which adopts schedules that track federal scheduling changes automatically.
State CSR requirement
Delaware requires a state controlled substance registration from the Office of Controlled Substances in addition to the federal DEA registration before handling controlled substances.
Schedule II refills prohibited
Schedule II prescriptions cannot be refilled; a new prescription from the prescriber is required for each additional supply, subject to fill-time limits.
Schedule III-V refill limits
Schedule III through V prescriptions may be refilled only the number of times authorized and only within the time window set by Delaware rule; no refill beyond that.
Emergency oral Schedule II
In a bona fide emergency, a pharmacist may dispense a Schedule II drug on an oral order if the prescriber delivers a written or electronic prescription within seven days.
Partial fill of Schedule II
If the pharmacist cannot supply the full quantity, the remainder may be dispensed within the permitted window, generally 72 hours, after which the prescription is void for the balance.
PMP reporting deadline
Delaware dispensers must report controlled substance dispensing to the prescription monitoring program, generally within 24 hours or the next business day under current rule.
PMP check before prescribing
Delaware prescribers must query the PMP before prescribing certain controlled substances, particularly opioids, as a condition of compliant prescribing practice.
Loss or theft reporting
Significant loss or theft of controlled substances must be reported to DEA and to Delaware's Office of Controlled Substances, with DEA Form 106 completed and records retained.
Pseudoephedrine sales log
Pseudoephedrine sales are logged with purchaser identification and limited in quantity under federal Combat Methamphetamine Epidemic Act rules enforced at the Delaware pharmacy counter.
Controlled substance disposal
Expired or unused controlled substances go to a reverse distributor or DEA-authorized collection site; records of the transfer must be maintained and trash disposal is prohibited.
Electronic prescribing mandate
Delaware requires electronic prescribing for controlled substances in most circumstances, with limited exceptions such as system failure or emergency oral orders.
Schedule I in Delaware
Schedule I substances have no accepted medical use and high abuse potential; they cannot be prescribed or dispensed in Delaware pharmacy practice.
DEA 222 forms
Schedule II substances transferred between registrants require DEA Form 222 or its electronic equivalent, and the receiving pharmacy must retain the form as a record.
Biennial inventory requirement
Registrants must take a controlled substance inventory every two years, keep it at the registered location, and make it available for inspection by regulators.
Delaware rescheduling trigger
When the federal government reschedules a substance, Delaware's schedules update automatically, so state and federal scheduling generally remain aligned.
Verification of prescriber authority
Before dispensing a controlled substance, the pharmacist must confirm the prescriber holds a valid DEA number and Delaware CSR authorizing that schedule.
Red flags for forged prescriptions
Pharmacists must resolve red flags such as out-of-area prescribers, cash payment, unusual quantities, or altered prescriptions before dispensing any controlled substance.
Corresponding responsibility
The dispensing pharmacist shares legal responsibility for the legitimacy of a controlled substance prescription and may refuse to fill when the therapeutic purpose is unclear.
Schedule V recordkeeping
Schedule V dispensing is documented in the prescription record, and certain Schedule V products sold without a prescription still require identification and logbook entries.
Controlled substance prescription time limit
Delaware sets a maximum interval between issuance and dispensing of a controlled substance prescription; prescriptions older than that limit cannot be filled.
Refusal to fill documentation
When a pharmacist declines to fill a controlled substance prescription, documenting the reason in the patient record supports compliance and defends against later complaints.