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 this application when applying for an initial license for any of the above types of in-state pharmacy licenses OR re-applying when a previous Delaware pharmacy license has lapsed and is no longer renewable. Since these licenses are not transferable, you must also file this application to report when an in-state pharmacy already licensed in Delaware:

• Changes ownership (controlling interest), or
• Relocates

Requirements for All Applicants

• Submit completed, signed and notarized Application for In-State Pharmacy Licensing .

• Arrange for the pharmacist-in-charge to sign the PHARMACIST-IN-CHARGE ACKNOWLEDGMENT section of the appplication.
• A pharmacist-in-charge must hold a Delaware Pharmacist license.
• A pharmacist-in-charge properly can only serve in that position for one pharmacy.
• The pharmacist-in-charge 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 pharmacist-in-charge 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.

• Enclose 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:
• Name
• 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, refer to 24 Del.C. §2533 and Section 3.0 of the Board’s Rules and Regulations, both available at www.dpr.delaware.gov.
• 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 sample patient profile that meets the requirements of Section 5.0 of the Board’s Rules and Regulations. See the Instruction Sheet on the application for a complete list of the items on the sample profile that you are required to label.

Additional Requirement for Nuclear Pharmacies

Submit a copy of your approved Delaware Office of Radiation Control or Nuclear Regulatory Commission license.

Inspection Requirement

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 Controlled Substances Application for Facilities is required.