When to File Application
In-State Pharmacies include Retail and Hospital Pharmacies located 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).
File the Application for In-State Pharmacy Licensing to apply for an initial license for any of the above types of in-state pharmacy licenses OR re-apply when a previous Delaware pharmacy license has lapsed and is no longer renewable. Since these licenses are not transferable, you must also file the application to report when an in-state pharmacy already licensed in Delaware:
- changes ownership (controlling interest), or
Requirements for All Applicants
- Arrange for the pharmacist-in-charge (PIC) to sign the PHARMACIST-IN-CHARGE ACKNOWLEDGMENT section of the application.
- 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 reglarly scheduled Board meeting within 90 days of assuming the position.
- A PIC must complete the 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. As a Delaware-licensed Pharmacist, a PIC can keep his/her contact information up-to-date online at Change Contact Information.
- Enclose the non-refundable processing fee by check or money order made payable to the “State of Delaware.”
- Enclose a separate sheet 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
- Enclose three sets (copies) 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.
- Enclose 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.
Additional Requirement for Nuclear Pharmacies
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, file an Application for In-State Remodeling Permit instead of the Application for In-State Pharmacy Permit.
Reporting an In-State Pharmacy Name Change
If the in-state pharmacy’s name changes but there is no change in ownership nor location, it is not necessary to submit an Application for In-State Pharmacy Permit. Instead, submit:
- letter notifying the Board of the change that includes the pharmacy’s old name, new name, license number and effective date of change.
- duplicate license fee by check or money order made payable to the “State of Delaware.”
The duplicate license will show the new name, but the license number will not change.
Controlled Substances Registration
If the in-state pharmacy stores and/or dispenses controlled substances, a separate Application for Facility Controlled Substances Registration is required. 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.