DEPARTMENT OF ADMINISTRATIVE SERVICES

Division of Professional Regulation

BOARD OF PHARMACY

24 DE Admin. Code 2500

Statutory Authority: 24 Delaware Code,

Section 2509 (24 Del.C. §2509)

PROPOSED

PUBLIC NOTICE

The Delaware Board of Pharmacy in accordance with 24 Del.C. §2509 has proposed changes to its rules and regulations as mandated by Senate Bill 229. The proposal identified crimes that are substantially related to the practice of pharmacy.

A public hearing will be held on the proposed changes on November 10, 2004 at 10:00 a.m. in the Jesse Cooper Building, Room 309 (third floor conference room), Federal and Water Streets, Dover, DE 19901. The Board will receive and consider input from any person on the proposed Regulation. Written comment can be submitted at any time prior to the hearing in care of David Dryden, Executive Secretary, at the above address. In addition to publication in the Register of Regulations, copies of the proposed regulation can be obtained from David Dryden, Executive Secretary, by calling (302) 739-4798. Notice of the hearing and the nature of the proposal are also published in two Delaware newspapers of general circulation.

The Board will consider promulgating the proposed regulations at its regularly scheduled meeting following the public hearing.

Crimes Substantially Related to the Practice of Pharmacy

Proposed Rules and Regulations

16.0 Crimes substantially related to the practice of pharmacy.

16.1 Conviction of any of the following crimes, or of the attempt to commit or of a conspiracy to commit or conceal the following crimes, is deemed to be a crime substantially related to the practice of pharmacy in the State of Delaware without regard to the place of conviction:

16.1.1 Unlawfully administering a controlled substance or counterfeit substance or narcotic drugs. 11 Del.C. §626.

16.1.2 Trafficking in marijuana, cocaine, illegal drugs, methamphetamines, L.S.D., or designer drugs. 16 Del.C. §4753A.

16.2 Crimes substantially related to the practice of pharmacy shall be deemed to include any crimes under any federal law, state law, or valid town, city or county ordinance, that are substantially similar to the crimes identified in this rule.

Please Note: As the rest of the sections were not amended, they are not being published. A complete set of the rules and regulations for the Board of Pharmacy is available at:

http://www.state.de.us/research/AdminCode/title24/2500%20Board%20of%20Pharmacy.shtml#TopOfPage

8 DE Reg. 517 (10/01/04)