(a) The Board may suspend or revoke a permit to operate a pharmacy when examination or inspection of the pharmacy discloses that the pharmacy is not being operated according to law or is being operated in a manner which endangers public health, safety, or welfare.
(b) The Board may suspend or revoke a permit to operate a pharmacy if the pharmacy’s prescription department is closed for more than 14 consecutive days, unless the closing of the prescription department was due to a cause which the Board finds reasonable.
(c) In determining if a pharmacy is being operated in a manner which endangers the public health, safety, or welfare pursuant to subsection (a) of this section, the Board shall consider, but is not limited to considering, the following factors:
(1) Compliance by the permit holder with the law and with the rules and regulations of the Board;
(2) A conviction of the permit holder, a principal, or a person having controlling ownership interest in the pharmacy for a violation of federal law or of any state’s law other than a violation of a minor traffic offense;
(3) An action by a regulatory agency against the permit holder for a violation of the agency’s statutes or regulations.
Code 1935, §§ 942, 956A; 41 Del. Laws, c. 87, § 2; 46 Del. Laws, c. 142, § 1; 24 Del. C. 1953, § 2556; 68 Del. Laws, c. 206, § 1; 76 Del. Laws, c. 167, § 1.
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