State requirements · Delaware

Delaware customer license requirements for distributors

What a distributor of prescription drugs, medical devices, or medical supplies has to confirm about a Delaware customer before shipping, and what it has to keep on file.

By Workd, makers of WorkdID. Updated .

Short answer

We did not find a Delaware rule beyond federal law that spells out how a distributor must verify its customers. Federal rules still require it. We found no Delaware rule that tells a wholesaler who it may sell to or that it must check a buyer's license. The Board rules require wholesalers to follow federal, state and local law, so federal DSCSA authorized trading partner rules still apply. Wholesalers must keep records of the source, identity and quantity of drugs received and distributed, and the dates. WorkdID by Workd checks Delaware pharmacy and medical licenses, NPI records, and DEA registrations for every account, every day, and keeps a dated record of each check.

Customer verificationFederal rules apply
Records to keep3 years
Separate device or DME distributor licenseNo separate license

What Delaware requires before you ship

We did not find a Delaware rule beyond federal law that spells out how a distributor must verify its customers. Federal rules still require it. We found no Delaware rule that tells a wholesaler who it may sell to or that it must check a buyer's license. The Board rules require wholesalers to follow federal, state and local law, so federal DSCSA authorized trading partner rules still apply.

Source: 24 Del. C. §§ 2540-2546; 24 Del. Admin. Code 2500-8.0 (searched)

Records to keep

Wholesalers must keep records of the source, identity and quantity of drugs received and distributed, and the dates. Records must be available for inspection for 3 years after the drugs are disposed of. Records kept at a central location that are not electronic must be produced within 2 working days.

Source: 24 Del. Admin. Code 2500-8.5.2

Licenses a distributor needs in Delaware

Prescription drug wholesale distributor

No one may distribute drugs at wholesale to anyone other than the ultimate consumer without a Board license to operate a pharmaceutical establishment. Each location needs its own license. Wholesale applicants must name key personnel, submit floor plans and a lease or deed, prove home state licensure where it applies, and pass fingerprint background checks.

Source: 24 Del. C. § 2540(b); § 2540A(a), (d); 24 Del. Admin. Code 2500-8.0

Medical device and DME distributors

The Board licenses drug wholesalers, manufacturers, outsourcing facilities, third-party logistics providers and medical gas distributors. We found no Delaware license for distributors of prescription devices or DME in the pharmacy statute or Board rules.

Source: 24 Del. C. § 2540A

Controlled substances

Any distributor that handles controlled substances in Delaware must get a state controlled substance registration every two years, in addition to DEA registration. Board rules repeat that permittees distributing controlled substances must be registered with DEA and the state.

Source: 16 Del. C. § 4732(a); 24 Del. Admin. Code 2500-8.5.3

Where to look up a Delaware license

Federal rules that apply in every state

How WorkdID handles Delaware accounts

WorkdID by Workd checks every Delaware customer you sell to against the state's pharmacy and medical boards, the NPI registry, and the DEA, every day. It flags an expiration or a board action within a day of posting, and in Workd order entry it can hold the order until your compliance team clears the account. Every check is saved with the date and the board record, so your Delaware file is ready when someone asks for it.

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Questions distributors ask

Does Delaware require distributors to verify customer licenses?

We did not find a Delaware rule beyond federal law that spells out how a distributor must verify its customers. Federal rules still require it. We found no Delaware rule that tells a wholesaler who it may sell to or that it must check a buyer's license. The Board rules require wholesalers to follow federal, state and local law, so federal DSCSA authorized trading partner rules still apply. See 24 Del. C. §§ 2540-2546; 24 Del. Admin. Code 2500-8.0 (searched).

What records must a distributor keep in Delaware?

Wholesalers must keep records of the source, identity and quantity of drugs received and distributed, and the dates. Records must be available for inspection for 3 years after the drugs are disposed of. Records kept at a central location that are not electronic must be produced within 2 working days. See 24 Del. Admin. Code 2500-8.5.2.

Does Delaware license medical device or DME distributors?

The Board licenses drug wholesalers, manufacturers, outsourcing facilities, third-party logistics providers and medical gas distributors. We found no Delaware license for distributors of prescription devices or DME in the pharmacy statute or Board rules. See 24 Del. C. § 2540A.

Where do I look up a Delaware pharmacy or practitioner license?

Pharmacy licenses are issued by the Delaware Board of Pharmacy (Division of Professional Regulation) and physician licenses by the Delaware Board of Medical Licensure and Discipline. Both publish a public lookup. WorkdID checks them for you every day.

See WorkdID check your own customer list.

WorkdID by Workd checks every customer license you sell to, every day, and can hold an order before it ships to an account that is out of good standing.

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Related

This page explains general rules and is not legal advice. Rules change. Confirm current requirements with the state board or your counsel before relying on them.

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