What is an In-State Pharmacy?
There are two different types of In-State Pharmacies licenses that a facility can apply for in Delaware.
- A Pharmacy–Hospital license is for the in-house pharmacy that dispenses to hospital in-patients.
- A Pharmacy–Retail license is for any of these types of outlets:
- Community Pharmacy – A retail pharmacy that dispenses directly to patients and is not a nuclear or specialty institutional pharmacy.
- Nuclear Pharmacy – A pharmacy that provides radiopharmaceutical services or an appropriate area set aside in institutional facility (Section 13.2 of the Board’s Rules and Regulations).
- Specialty Institutional Pharmacy – Institutional pharmacies which provide specialized pharmacy services not generally obtainable from other pharmacies. Examples are short term or primary care treatment facilities that have onsite pharmacies on site such as outpatient chemotherapy centers, primary treatment centers, free standing emergency rooms, rapid in/out surgical centers and certain county health programs (Section 20.0 of the Board’s Rules and Regulations).
When to Apply
Submit an In-State Pharmacy application when:
- You are applying for an initial license for any of the above types of in-state pharmacy licenses
- You must re-apply because a previous Delaware pharmacy license has expired and is no longer renewable.
- You must report when an in-state pharmacy already licensed in Delaware Since these licenses are not transferable,:
- changes ownership (controlling interest), or
Information on How to Apply for a License in DELPROS
Applications are processed in DELPROS (Delaware Professional Regulation Online Services). The online license application process is simple and provides you with clear instructions throughout each stage of the application process. We strongly recommend that you understand what the requirements are for the license you are pursuing. Then, request and gather the documents you need before you begin the application process. Most of the information and forms are on this website. For further clarification of requirements, refer to your profession’s License Law and the Rules and Regulations.
In order to apply for a license or service request, you must have a DELPROS account. To create a new account or log into an existing DELPROS account, follow the instructions at the beginning of the application process. As part of the final steps of the application process, DELPROS instructs you to either “attach” or “upload” the required documents directly to your application and/or to “acknowledge” that you will either send them in yourself or make arrangements for “third-party” documents/forms to be sent to the Board office. Examples of “third-party forms” are transcripts from schools, employment verifications from a supervisor, and license verifications from another state. These forms usually require a signature, seal, or notary, therefore, must be mailed into the Board office directly. All documents received by mail are scanned and attached to the appropriate license records.
In DELPROS, you have the ability to save your application and return to it to edit/update information or upload documents for up to six months. However, if you do not submit your application within six months, you will have to restart your online application process. The Board office begins processing applications shortly after submission in the portal. You may check the status of your application in the DELPROS system throughout the whole process and we will correspond with you by email. The requirements for this license type are provided in the following section(s).
In addition to submitting the application and fee in DELPROS, you must submit:
- A Pharmacist-in-Charge Acknowledgement form, signed by the Pharmacy’s Pharmacist-In-Charge.
- A PIC must hold a current Delaware Pharmacist license.
- A PIC may serve as a PIC for only one pharmacy at a time.
- The PIC of a Nuclear Pharmacy must be a Qualified Nuclear Pharmacist. He or she is responsible for all operations of the Pharmacy and must be personally on the premises at all times that the Pharmacy is open for business.
- If the PIC has not previously served as a pharmacist-in-charge in Delaware, he or she must appear personally at a regularly scheduled Board meeting within 90 days of assuming the position.
- A PIC must complete a Pharmacist-in-Charge Self-Inspection form by February 1 of each year.
- Report PIC changes to the Board of Pharmacy within 10 days of the change using the Report of Pharmacist-in-Charge Change form.
- To receive news and alerts from the Delaware Board, a current email address is essential. To change the account user’s email address, log into your DELPROS user account and click on the Manage Profile link that is on the right hand side of the dark blue banner under the head icon. You can also change the facility email address by clicking on Manage Facility button in the same area.
- A list showing the following information for each owner, corporate officer, pharmacist and pharmacy employee listed on the application:
- data of birth
- Social Security Number
- mailing address
- A copy of the plans for the pharmacy department.
- Plans must be drawn to scale and should include the location of the sink, all doors, storage room, approved Schedule II controlled substance safe, security systems, and counters. For specific requirements, see 24 Del. C. §2533 and Section 3.0 of the Board’s Rules and Regulations.
- Plans must also show the type of alarm system installed and the name, address, and phone of the provider.
- If the plans are for a nuclear pharmacy, the plans must show the radioactive storage and product decay area.
- A sample patient profile that meets the requirements of Section 5.0 of the Board’s Rules and Regulations. Label each of the following required items on the sample profile:
- Patient’s family name and first name
- Patient’s address and phone number (or location in institution)
- Patient’s gender and age or date of birth
- Original date the medication is dispensed following receipt of the prescription
- Number or designation for prescription
- Prescriber’s name
- Name, strength, quantity, directions and refill information of drug dispensed
- Appropriate directions must also be present if medication is for patients in institutions
- Initials of dispensing pharmacist and date of dispensing medication as a refill if those initials and date are not recorded on original prescription
- If patient refuses to give all or part of the required information, indicate and initial in the appropriate area
- Pharmacist comments relevant to the patient’s drug therapy, including any other information peculiar to the specific patient or drug
- Notes on the patient’s allergies, idiosyncrasies, chronic diseases, frequently used over-the-counter medications. If none, this must also be shown on the profile.
Requirement for Nuclear Pharmacies
In addition to submitting the application, fee, and supporting documentation required in the previous section, in DELPROS, you must also submit:
- A copy of your approved Delaware Office of Radiation Control or Nuclear Regulatory Commission license.
In addition to meeting all the requirements above, the pharmacy must be inspected before opening. A pharmacy representative must notify the Board office when the pharmacy is ready for inspection. When the pharmacy passes the final inspection, the Board office will issue the license.
Reporting Remodeling of an In-State Pharmacy
If an in-state pharmacy will be remodeling but there is no change in ownership nor location, submit an Service Request for Instate Pharmacy Remodeling in DELPROS instead of a new In-State Pharmacy Permit application. You will be asked questions in the service request about whether your pharmacy will be using a temporary location outside of your facility or not. You will get a temporary permit for the temporary location. Inspections are required for all remodels. See the Pharmacy Remodeling webpage for more information.
Reporting an In-State Pharmacy Name Change
If the in-state pharmacy’s name changes but there is no change in ownership nor location, submit a Service Request for Name Change in the DELPROS online portal. When your service request has been processed, you will be notified that you can print your updated license. The license number will not change.
Controlled Substances Registration
If the in-state pharmacy stores and/or dispenses controlled substances, you must also apply for a Controlled Substance Facility license. Before dispensing controlled substances in Delaware, a pharmacy must have a Delaware Pharmacy permit, Delaware controlled substance registration and federal DEA permit. All pharmacies dispensing controlled substances must report to the Delaware Prescription Monitoring Program (PMP). For instructions on registering for the PMP, see the Dispenser’s Implementation Guide.