Sections
Subchapter I Objectives; Definitions; Board of Pharmacy 2501 – 2506
Subchapter II Licensure 2507 – 2521
Subchapter III Miscellaneous provisions 2522 – 2524
Subchapter IV Pharmacies 2526 – 2538
Subchapter V Pharmaceutical Establishments Other Than Pharmacies 2540 – 2545
Subchapter VI Prohibited Acts; Penalties Generally; Enforcement 2546 – 2550
Subchapter VII Pharmacy Peer Review 2551

Terms Used In Delaware Code > Title 24 > Chapter 25

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authorized officer: means any official of this State or any of its departments, agencies or other instrumentalities or any of its political subdivisions whose signature to a public security or instrument of payment is required or permitted. See Delaware Code Title 25 Sec. 81-212
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Biological product: means a biological product as defined in § 351 of the Public Health Service Act (42 U. See Delaware Code Title 24 Sec. 2502
  • Board: shall mean the Board of Pension Trustees established by § 8308 of this title. See Delaware Code Title 25 Sec. 81-218
  • Buyer: means a person who buys or contracts to buy goods. See Delaware Code Title 6 Sec. 2-103
  • Certified pharmacy technician: means a person who is certified by the Pharmacy Technician Certification Board (PTCB) or other entity approved by the Board of Pharmacy. See Delaware Code Title 24 Sec. 2502
  • Child: means a person who has not reached the age of 18 years. See Delaware Code Title 6 Sec. 4307
  • Closed plan: shall mean the eligibility and benefit pensions of this chapter in effect on June 30, 1980. See Delaware Code Title 25 Sec. 81-218
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Delaware Code Title 6 Sec. 2-106
  • Conviction: A judgement of guilt against a criminal defendant.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • Direct supervision: means oversight and control by a licensed pharmacist who remains on the premises and is responsible for the work performed by a subordinate. See Delaware Code Title 24 Sec. 2502
  • Dispense: means to furnish or deliver a drug to an ultimate user by or pursuant to the lawful prescription of a practitioner. See Delaware Code Title 24 Sec. 2502
  • Division: means the Division of Professional Regulation. See Delaware Code Title 24 Sec. 2502
  • Docket: A log containing brief entries of court proceedings.
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Dower: A widow
  • Drug: means :

    a. See Delaware Code Title 24 Sec. 2502

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Ex officio: Literally, by virtue of one's office.
  • Executive Secretary: means the executive secretary of the Delaware State Board of Pharmacy who shall be a pharmacist. See Delaware Code Title 24 Sec. 2502
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Facsimile signature: means a reproduction by engraving, imprinting, stamping or other means of the manual signature of an authorized officer. See Delaware Code Title 25 Sec. 81-212
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Final average compensation: shall mean the member's average annual compensation during his or her highest paid 3 years, comprised of 3 periods of 12 consecutive months, for service as a judge, or the average annual compensation during the period of his or her service as a judge if such period is less than 3 years. See Delaware Code Title 25 Sec. 81-218
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (Section 2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Delaware Code Title 6 Sec. 2A-103
  • Grantee: includes every person to whom a freehold estate or interest is conveyed. See Delaware Code Title 6 Sec. 4307
  • Grantor: includes every person by whom a freehold estate or interest is conveyed. See Delaware Code Title 6 Sec. 4307
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Instrument of payment: means a check, draft, warrant or order for the payment, delivery or transfer of funds. See Delaware Code Title 25 Sec. 81-212
  • Interchangeable: means a biological product licensed by the Federal Food and Drug Administration pursuant to 42 U. See Delaware Code Title 24 Sec. 2502
  • Intern: means a person who is registered by the Board of Pharmacy and supervised by an approved preceptor and who is completing the practical experience requirement of the Board prior to that person's licensure as a pharmacist. See Delaware Code Title 24 Sec. 2502
  • Intestate: Dying without leaving a will.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Jurisprudence: The study of law and the structure of the legal system.
  • Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Delaware Code Title 6 Sec. 2A-103
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lease contract: means the total legal obligation that results from the lease agreement as affected by this Article and any other applicable rules of law. See Delaware Code Title 6 Sec. 2A-103
  • Lessee: means a person who acquires the right to possession and use of goods under a lease. See Delaware Code Title 6 Sec. 2A-103
  • Lessor: means a person who transfers the right to possession and use of goods under a lease. See Delaware Code Title 6 Sec. 2A-103
  • licensee: means an individual licensed by the State pursuant to this chapter to engage in the practice of pharmacy. See Delaware Code Title 24 Sec. 2502
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Manufacturer: means a person who is engaged in manufacturing, preparing, propagating, compounding, processing, packaging, repackaging, or labeling of a drug, but does not include a person who is engaged in the preparation and dispensing of a drug pursuant to a prescription. See Delaware Code Title 24 Sec. 2502
  • Member: shall mean an individual who accepts the provisions of this chapter while a member of the state judiciary. See Delaware Code Title 25 Sec. 81-218
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 6 Sec. 4307
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means a natural person or an entity. See Delaware Code Title 24 Sec. 2502
  • Personal property: All property that is not real property.
  • Pharmacy: means a place where drugs are compounded or dispensed. See Delaware Code Title 24 Sec. 2502
  • Pharmacy technician: means an individual who is not registered as an intern with the Board of Pharmacy or a certified pharmacy technician. See Delaware Code Title 24 Sec. 2502
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Practice of pharmacy: means the interpreting, evaluating, and dispensing of a practitioner's or prescriber's order. See Delaware Code Title 24 Sec. 2502
  • prescriber: means an individual who is authorized by law to prescribe drugs in the course of professional practice or research in any state. See Delaware Code Title 24 Sec. 2502
  • prescription: means the lawful written or verbal order of a practitioner for a drug. See Delaware Code Title 24 Sec. 2502
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public security: means a bond, note, certificate of indebtedness or other obligation for the payment of money issued by this State or by any of its departments, agencies or other instrumentalities or by any of its political subdivisions. See Delaware Code Title 25 Sec. 81-212
  • Quorum: The number of legislators that must be present to do business.
  • real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 6 Sec. 4307
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Seller: means a person who sells or contracts to sell goods. See Delaware Code Title 6 Sec. 2-103
  • Service: shall mean , for an individual:

    a. See Delaware Code Title 25 Sec. 81-218

  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • State: means the State of Delaware. See Delaware Code Title 24 Sec. 2502
  • State Board of Pharmacy: means the Delaware State Board of Pharmacy. See Delaware Code Title 24 Sec. 2502
  • State judiciary: means the judges mentioned in Article IV, § 2, of the Constitution of Delaware, and any other judge of a court of record who:

    a. See Delaware Code Title 25 Sec. 81-218

  • Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of pharmacy. See Delaware Code Title 24 Sec. 2502
  • substitute: means pharmacist's selection of prescriber authorized generic or therapeutically equivalent prescription medications or, in the case of biologicals, pharmacist selection of an interchangeable biological product in place of the prescribed product. See Delaware Code Title 24 Sec. 2502
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Therapeutically equivalent drug: means a drug which contains the same active ingredient or ingredients and is identical in strength or concentration, dosage form, and route of administration and which is classified as being therapeutically equivalent to another drug in the latest edition or supplement of the Federal Food and Drug Administration (FDA) Approved Drug Products with Therapeutic Equivalence Evaluations, Evaluations, sometimes referred to as the Orange Book. See Delaware Code Title 24 Sec. 2502
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Under age: means an age of less than 18 years. See Delaware Code Title 6 Sec. 4307
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 6 Sec. 4307
  • Use or abuse of drugs: means :

    a. See Delaware Code Title 24 Sec. 2502

  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.