A Compilation of the Pharmacy and Drug Laws of the Several States and ...
K^ -4 "-r^^ ^^:^ V , .,,m ^jf^i\ .- 7 ' / ^ ^:w/ Nc$^-i^-^^^<" w^^-^^ ^<'^t^&^> " , ,,.. W ^ I Jj.^^j^^^^^^^ f^^-^^^'^-^- ""-^W-'W^^^ r^^ ^ ^1 1:^-: ^ y ir.. • ,. • •'• 'AC - ^r- J '^*»<^^ r LETTER OF TRANSMITTAL. IT. 8. Depabtment of Aueicultubb, Division of Ohbmistby, Washington^ D. 0., May 10, 1S94. Sib: I have the honor to present herewith the manuscript of a report prepared by Mr. A. J. Wedderburn, special agent, embracing a compilation of the pharmacy and drug laws of the several States and Territories. Very respectfully, H. W. Wiley, Chief. Hon. Ji SxBBi^iNa Morton, /Secretary. LETTER OF SUBMITTAL. U. S. Department op AaEicuLTURB, Division of Chemistry, Washington^ D. C, June 14j 1893. Sir: I have the honor to submit herewith a complete copy of all pharmaceutical laws now in force in the several States and Territories and the District of Columbia. There are no laws on this subject in the following States and Terri- tories: Idaho, Indiana, Montana, Nevada, Arizona, and the Indian Territory. The Maryland law relates only to the city of Baltimore. The thanks of the Department are due to the officers of the various State pharmaceutical associations for prompt compliance with requests for information, and it may not be out of place to add that these gentlemen, comprising a most important element of our popula*- tioD, almost unanimously evince great interest in the work undertaken by the Department in investigating adulteration, and seem anxious to see uniform laws enacted to prevent such practices. EespectfttUy, Alex. J. Weddebbubn, Special Agent. Dr. H. W. Wiley, Chemist. 4 CONTENTS. Page PLarmaoy nnd drng laws of the several States and Territories 7 Alabama 7 Arkansas 10 Arizona 12 California 12 Colorado 16 Connecticut 20 District of Columbia .• 22 Delaware 25 Florida 27 Georgia 30 Idaho 34 Illinois 35 Indiana 38 Indian Territory 38 Iowa, 38 Kansas 51 Kentucky 55 Louisiana 58 Maine 61 Maryland 62 Mafisachnsetts 64 Montana 64 Michigan ,. 66 Minnesota ^ 69 Mississippi 75 Missouri 79 Montana 82 Nebraska 82 Nevada 85 New Hampshire 85 New Jersey 86 New Mexico 89 New York 91 North Carolina 95 North Dakota 99 Oklahoma 105 Oregon 108 Ohto 110 Pennsylvania 114 Khode Island 118 South Carolina 121 South Dakota 124 5 Tennessee 127 Texas 130 Utah 132 Vermont 136 Virginia 135 Washington 138 West Virginia 141 Wisconsin 144 Wyoming 148 PHARMACY AND DRUG LAWS OF THE SEVERAL STATES AND TERRI- TORIES. By Alex. J. Wbddkrburn, AIjABAMA. Alabama Pharmacy Law. AK ACT to regulate tlie practice of pharmacy and (lie sale of pofaons in cities and towns of more than 900 inhabitants in the State of Alabama. Sec. 1. Be it enacted hy the General Assembly of Alabama, Tliat from and after the passage of this act it shall be unlawful for any person not a registered pharmacist^ within the meaning of this act^ to conduct any pharmacy, drug store, apothecary shop; or store located in any village, town, or city in the State of Alabama of more than 900 inhabitants, or within two miles of any incorporated city or town of more than 900 inhabitants, for the purpose of retailing, compounding, or dispensing medicines or poisons for medical use, except as hereinafter provided. Sec. 2. Be it further enacted, That it shall be unlawful for the proprietor of any store or pharmacy in any village, town, or city in the State of Alabama of more than 900 inhabitants, or within two miles of any incorporated city or town of more than gOO inhabitants, to allow any person except a registered pharmacist to compound or dispense the prescriptions of physicians, or to retail or dispense poisons for medical use, except as an aid to and under the supervision of a registered pharma- cist. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and on conviction shall be liable to a fine of not less than $25 nor more than $100 for each and every offense. Sec. 3. Be it further enacted, That the governor shall appoint three persons from among the most prominent pharmacists in the State, all of whom shall have been residents of the State for five years, and at least five years' practical experience in their profession, who shall be known and styled " Board of Pharmacy for the State of Alabama,'^ one of whom shall hold his office for one year, one for two years, and one for three years, and each until his successor shall be appointed and qualified^ and each year thereafter another commissioner shall be so appointed for three years, and until a successor is appointed and qualified. If a vacancy occur in said board, another commissioner shall be appointed as aforesaid to fill the unexpired term thereof. Said board shall have power to make by-laws and all necessary regu- lations, and create auxiliary boards, if necessary, for the proper fulfillment of their duties under this act without expense to the State. Sec. 4. Be it further enacted, That the board of pharmacy shall register in a suit- able book the names and places of residence of all persons to whom they issue cer- tificates, and date thereof. It shall be the duty of said board of pharmacy to register, without examination, as registered pharmacists, all pharmacists and drug- gists who are engaged in business in the State of Alabama, at the passage of this act, as owners or principals of stores or pharmacies in any village, town, or city of 7 more than 900 inhabitants, for selling at retail, compounding or dispensing drags, iiiedicines, or chemicals for medical uses, or compounding or dispensing physicians' 2)roscriptions, and all assistant pharmacists eighteen years of age engaged in said stores or pharmacies in any village, town, or city of more than 900 inhabitants in « the State of Alabama, at the passage of this act, and who have been engaged as such in some store or pharmacy where physicians' prescriptions were compounded and dispensed: Provided, howeveTf That in case of failure or neglect on the part of any person or persons to apply for registration within sixty days after they shall have been notified by said board of pharmacy for the State of Alabama, they shall undergo an examination as is provided for in section five of this act. Sec. 5. Be it further encLctedy That the said board of pharmacy shall, upon applica- tion, and at such time and place and in such manner as they may determine, either by a schedule of questions to be answered and subscribed to under oath, or orally, examine each and every person who shall desire to conduct the business of selling at retail, compounding or dispensing drugs, medicines, or chemicals for medicinal nne, or compounding or dispensing physicians' prescriptions as pharmacists, and if a majority of said board shall be satisfied that said person is competent and fully qualified to conduct said business of compounding or dispensing drugs, medicines or chemicals for medicinal use, or to compound or dispense physicians' prescriptions, they shall enter the name of such person as a registered pharmacist in a book pro- vided for in section four of this act ; and that all graduates of colleges of pharmacy that require a practical experience in pharmacy of not less than four years before granting a diploma shall be entitled to have their names registered by said board without examination : Provided^ however. That this act shall not be so construed as to prevent any physician who is authorized to practice medicine or surgery under the laws of this State from registering as a pharmacist or druggist, without examina- tion: Provided, That any person or persons, not a pharmacist or druggist, may open and conduct such store if he or they keep constantly in their employ a registered pharmacist or druggist ; but shall not himself or themselves sell or dispense drugs or medicines except proprietary and patent medicines in original packages. Sec. 6. Be it further enacted, That the board of pharmacy shall be entitled to demand and receive of each person whom they register, and furnish a certificate as a registered pharmacist without examination, the sum of $2; and for each and every person that they examine orally, or whose answers to a schedule of questions are returned, subscribed to under oath, the sum of $3, which shall be in full for all services ; and in case of examination of said person shall prove defective and unsat- isfactory, and his name not to be registered, he shall be permitted to present himself for examination within any period not exceeding twelve months thereafter, and no charge shall be made for such examination. Sec. 7. Be it further* enacted. That every registered pharmacist, apothecary, and owner of any store shall be held responsible for the quality of all drugs, chemicals, or medicines he may sell or dispense, with the exception of those sold in original packages of the manufacturer axid also those known as proprietary ; and should he knowingly intermingle and fraudulently adulterate or cause to be adulterated such drugs, chemicals, or medical preparations, he shall be deemed guilty of a misde- meanor, and upon conviction thereof be liable to a penalty not exceeding $100, and in addition thereto his name shall be stricken from the register. Sec. 8. Be it further enacted. That it shall be unlawful for any person, from and after the passage of this act, to retail any poison enumerated below : Arsenic and its preparations, corrosive sublimates, white and red precipitate, beniodide of mercury i cyanide of potassium, hydrocyanic acid, strychnine, and all poisonous vegetable alkaloids and their salts, and the essential oil of almonds; opium and its prepara- tions, except paregoric and other pieparations of opium containing less than two grains to the ounce; aconite, belladonna, colchicum, conium, nux vomica, henbane, savin, ergot, cotton root, cantharides, creosote, veratrum, digitalis, and their phar- maceutical preparations ; croton oil, chloroform, chloral hydrate^ sulphate of islnoi mineral acids, carbolic and oxalic acids, without labeling the box, vessel, or paper in which said poison is contained with the name of the article, the word poison, and the name and place of business of the seller. Nor shall it be lawful for any person tp deliver or sell any poisons enumerated above unless, upon due inquiry, it be found that the purchaser is aware of its poisonous character and represents that it Is to be used for a legitimate purpose. * The provisions of this section shall not apply to the dispensing of poisons in not unusual quantities or doses ujion the prescription of practitioners of medicine. Any violation of this section shall make the principal of said store liable to a fine of not less than $10 or more than $100, Provided, however, That this section shall not apply to manufacturers making and selling at wholesale any of the above poisons, and provided that each box, vessel, or paper in which said poison is contained shall be labeled with the name of the article, the word poison, and the name and place of business of the seller. Sbc. 9. Be it further enacted. That any itinerant vendor of any drug, poison, oint^ ment, or appliance of any kind intended for treatment of any disease or injury, who shall, by writing or printing, or any other method, publicly profess to cure or treat disease or injury or deformity by any drug, nostrum, or manipulation, or other expe- dient, shall pay a license of $100 per annum to the State, to be paid in the manner for obtaining public license, or according to the usual laws in force for that purpose. Sec. 10. Beit fuHher enacted, That any person who shall procure or attempt to pro- cure registration for himself or for another under this act, by making or causing to be made false representations, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be liable to a penalty of not less than $25 nor more than $100, and the name of the person so falsely registered shall be stricken from the register. Any person not a registered pharmacist as provided for in this act who shall con- duct such a store, pharmacy, or place for retailing, compounding, or dispensing drugs, medicines, or chemicals, for medical use, or for compounding or dispensing physi- cians' prescriptions, or who shall take, use, or exhibit the title of registered phar- macist, shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to a penalty of ncft less than $100. Sec. 11. This act shall not apply to physicians putting up their own prescriptions. Sec. 12. Beit further enacted, That it shall be the duty of every registered pharma- cist to conspicuously post his certificate of registration in his place of business. Any person* who shall fail to comply with all the provisions of this section shall be liable to a fine of $5 for each calendar month during which he is delinquent. Sec. 13. The sum of $500 per year, or as much thereof as may be found necessary, is hereby appropriated, out of the money so received for license, for the expense of said board of pharmacy. All surplus over and above such amount to be divided as follows: One-half to the Pharmaceutical Association, the remainder to be paid into the State treasury. Sec. 14. AH suits for recovery of the several penalties prescribed in this act shall be presented in the name of the State of Alabama in any court having juris- diction, and it shall be the duty of the State's attorney of the county wherein such offense is committed to present all persons violating the provisions of this act upon proper complaint being made. Sec. 15. Beit further enacted, That all laws and parts of laws in conflict with the provisions of this act be, and the same are hereby, repealed. Approved February 28, 1887. 10 ABKAKSAS. Ths Abkansas Phabmact Law. A BILL for an act to be entitled an act to establish the Arkansas State Board of Pharmacy, and to prescribe the powers and duiies of said board, and to regulate the eompoundlng and vending of med- icines, drags, and poisons in the State of Arkansas, and to provide a penalty for the infHngement of the act. preamblb. Whereas in all civilized oonntries it has been fonad necessary to regulate the traffic in medicines and poisons, and to provide by law for the regulation of the del- icate and responsible business of compounding and dispensing the powerful agents used in medicines ; and Whereas the safety and welfare of the public are endangered by the sale of poisons by unqualified and ignorant persons ; and Whereas the power of physicians to overcome disease depends greatly upon their ability to procure good, unadulterated drugs and skillfully prepared medicines ; and Whereas the sophistication and adulteration of drugs and medicines is a specious fraud which should be prevented and suitably punished : Therefore, J?0 xi enacted hy the General Aasemhly of the State of Arkansas : Sec. 1. That from and after the passage of this act it shall be unlawful for any person not a registered pharmacist) within the meaning of this act, to conduct any drug store, pharmacy or apothecary shop, or store for the purpose of retailing, compounding, or dispensing medicines in any city or incorporated town in the State of Arkansas, except as here- inafter provided, and that it shall be unlawful for the proprietor of such store or pharmacy to allow any person other than a registered pharmacist to compound or dispense the prescriptions of physicians, except as an aid to and under the supervi- sion of a registered pharmacist. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be liable to a fine of not less than five or more than one hundred dollars. Skc. 2. That within sixty days after the passage of this act the governor shall appoint five experienced pharmacists, who shall have been actively engaged in the drug business for the last five years immediately preceding their appointment, who shall constitute the Arkansas State Board of Pharmacy, one of whom shall hold his office for one year, one for two years, one for three years, one for four years, and one for five years, and each until his successor shall have been appointed and qualified, which terms shall be decided by lot at the time of organization. And annually there- after the governor shall appoint one member of said board, with qualifications as above set forth, who shall hold his office for five years and until his successor is appointed and qualified. In case of a vacancy from death or other cause, the gov- ernor shall appoint a successor, with qualifications as above set forth. Sec. 3. That before entering upon the duties of said office, the members of the said board shall take the oath prescribed by the constitution of the State for State officers, and shall file the same in the office of the secretary of State, who shall thereupon issue to each of the said examiners a certificate of appointment. Sec. 4. That immediately after the appointment and qualification of the board they shall meet and organize as a State board of pharmacy by electing from their own number a president and secretary. The board may adopt such by-laws, rules, and regulations as they may deem necessary to carry into execution the provisions of this act without expense to the State. A majority of the board shall be a quorum for the transaction of any business. Sec. 5. The board of pharmacy shall hold not less than two stated regular meet- ings per annum for the examination of candidates, one of which may be held at the time and place of the annual meeting of the Arkansas Association of Pharmacists, and the other meeting shall be held at such time and place as the board may deter- mine. Other meetings of the board may also be held whenever and wherever ft 11 qiiomm of tlie board, inelading t)ie secretary, is present. In the interim of tibo sessions of the board, and upon satisfactory evidence of the fitness of the applicant^ any member of the board may, in his discretion, issue a temporary certificate, which shall authorize and empower the holder to conduct a drug store or phanm^cy, as set forth in section 1 of this act. Such temporary certificate shall terminate and expire at the date of the next succeeding regular meeting of the board after the giranting thereof. A fee of $2 shall be demanded for this temporary certificate, wliich shall be part payment of the re^lar examination fee as hereinafter set forth. Sec. 6. The board of pharmacy shall register in a suitable book the names arid places of residence of all persons to whom they issue certificates, and the dates thereof. Upon written application, accompanied by such reasonable erideneeatf the board may require, it shall be the duty of said board of pharmacy to regilBter, with-^ out examination, as registered pharmacists, all druggists and pharmaeists who are engaged in the business in any city or incorporated town in the State of Arkansas at the passage of this act, either as owners, managers, or clerks of any drug store, pharmacy, or apothecary shop : Provided, That no druggist's clerk shall be so regis- tered unless he be 18 years of age and has been engaged for the space of three years next preceding the passage of this act in sofne drug store or pharmacy where physi- cians' prescriptions were compounded. In case of the failure or neglect of any j^rson to apply for registration within sixty days after the organization of the board of pharmacy, and publication thereof in the weekly paper published in the State of Arkansas whose cireulation is the largest of ail the papers so published, such person shall hare forfeited the privilege of being registered as a registered pharmacist as set forth in this section. Skg. 7. The State board of pharmacy shall, upon application, and at such time and place, in such manner as they may determine, examine every person who shall desire to conduct the business described in section 1 of this act in any city or incorporated town in the State of Arkansas; and if a majority of the members present at the meeting of the board shall be satisfied that said person is competent and fully qualified to conduct the said business of compounding and dispensing drugs, medicines, or chemicals for medical use, the board shall enter the name of such person as a registered pharmacist in the book provided fbr in section 6 of this act: Provided, That all graduates in pharmacy of schools or colleges of pharmacy that require three years' practical experience before granting diplomas shall be entitled to have their names registered as registered pharmacists by the board of pharmacy without examination. The board of pharmacy shall issue an appropriate certificate to each person registered, which certificate must be conspicuously dis- played in every store described in this act. Sec. 8. The board of pharmacy ^all be entitled to demand and receive from each person whom they register as a registered pharmacist, without examination, the sum of $3, and from each and every person whom they examine the sum of i^, which shall be in full for the registration and the certificate. In case the examina- tion of said person proves defective and unsatisfactory to the board, and he being declined registration, he shall have the privilege of reexamination within twelve months thereafter, without any fee being charged him. Sec. 9. Any registered pharmacist who shall knowingly, intentionally, and fraudu- lently adulterate, or cause to be adulterated, any drugs, chemicals, or medical prep- arations, and offer such adulterations for sale, shall be deemed guilty of a misde- meanor, and, upon conviction therefor, his license shall thereby be revoked, and, in addition thereto, he shall be liable to a penalty of not less than $5 nor more than $100. Sec. 10. If any person shall procure registration as a registered pharmacist under this act by making, or causing to be made, false representations, the registration and certificate thus fraudulently obtained may, in the discretion of the board, be revoked, and the name of the person so registered stricken from the register: Pro* 12 i vldedjThkt the penon charged with the fraud be first allowed a hearing hythe board. Sec. 11. Any person not a registered pharmacist, as provided in this act, who shall conduct a drug store or pharmacy, or place for compounding or dispensing drugs, medicines, or chemicals for medicinal use, in any city or incorporated town in the State of Arkansas, or who shall take, use, or exhibit the title of registered phar- macist withoHt the same has been regularly conferred on him, as set forth in sections 6 and 7 of this act, shall be deemed guilty of a misdemeanor, and upon con- viction therefor [thereof ] be liable to a penalty of not less than $5 nor more than $100 : Provided, That any person or persons, not a registered pharmacist, may own or con- duct snch a store, if he or they keep constantly in their store a registered pharma- cist : Provided further, That this act shall not apply to physicians putting up their i own prescriptions, nor to the sale of those articles commonly known as "grocers' ' drugs,'' nor to the sale of patent or proprietary medicines or non-secret medicines. ' Sec. 12. If any registered pharmacist shall be convicted by a court of competent Jurisdiction, in this State, of the illegal sale or handling of intoxicating liquors his certificate as registered pharmacist shall thereupon become null and void, and his license or authority to engage in the business, as set forth in section 1 of this act, shall be thereupon reyoked. Sec. 13. If any registered pharmacist shall go out of the drug business and remain out for a period of twelve months, his certificate as a registered pharmacist shall thereupon expire. Sec. 14. All suits for the recovery of the several penalties prescribed in this act shall be prosecuted in the name of the State of Arkansas, in any court having juris- diction, and it shall be the duty of the prosecuting attorney of the county where such offense is committed to prosecute all persons violating the provisions of this act upon proper complaint being made. All penalties collected under the provisions of this act shall inure to the public-school fund of the school district in which the offense was committed. i Sec. 15. Nothing in this act shall be construed to repeal or in any wise interfere j with the collection of the "privilege taxes" now levied, for State, county, or city I purposes, on the business of hawking, peddling, or street vending of goods, wares, | and merchandise. ' Sec. 16. All persons registered under this act shall be exempt and free from Jury I duty in the State of Arkansas. Sec. 17. All acts and parts of acts in conflict with this act be, and the same are hereby repealed, and this act shall take effect and be in force from and after its passage. ARIZONA. I • Governor L. 0. Hughes, under date June 1, 1893, says the State of Arizona has no pharmacy law. CAIjIFORNIA. Chapter 85. Al^ ACT to regulate the practice of pharmacy and sale of poisons in the State of California. The People of the State of California, represented in Senate and Assemhly, do enact as. follows : Section 1. From and after the first day of January, A. D. eighteen hundred and ninety-twO; it shall be unlawful for any person to conduct any pharmacy or store for dispensing or compounding medicines, unless such person be a registered pharmacist, within the meaning of this act; and it shall be unlawful for any person ta compound or dispense any physician's prescription, unless such person be a reg- istered phajrmacist, or a registered assistant pharmacist, within the meaning of tliis act, except as hereinafter provided. 13 Sec, 2. Any person in order to be a registered pharmacist^ must be a graduate of pharmacy, a licentiate in pharmacy, or a practicing pharmacist. Sec. 3. Graduates in pharmacy are persons who have had four years', experience in stores where the prescriptions of medical practitioners are componndedy and each must have obtained a diploma from a legally constituted college of pharmacy. Licentiates in pharmacy are persons who have had four years' experience in stores where the prescriptions of medical practitioners are compounded, and shall have passed an examination before the State board of pharmacy, or who shall present satisfactory credentials or certificates of their attainments to the said board. Practicing pharmacists are persons who, at the passage of this act, are conducting pharmacies in this State for compounding and dispensing of prescriptions of medi- cal practitioners, and for the sale of medicines and poisons. Assistant pharmacists are persons of not less than eighteen years of age, who are employed by registered pharmacists, have studied the art of pharmacy for two years, and haye passed an examination by the board of pharmacy, or who, prior to the passage of this act, have had three years' experience in pharmacies. Sec. 4. Every pharmacist claiming the right of registration under this act shall, on or before the first day of January next after its passage, forward to the board of pharmacy satisfactory proof that he was engaged in the business of preparing and dispensing medicines and physicians' prescriptions at the time of passage of this act, or that he is otherwise entitled to registration under its provisions. The board of pharmacy shall then issue to said applicant, upon his paying the sum of five dollars, a certificate of registration. Any practicing pharmacist failing to comply with the requirements of this section, within sixty days from and after the first day of January, eighteen hundred and ninety-two, shall forfeiet his right to registration, and shall appear for examination, as provided for in this act. Sec. 5. Every assistant pharmacist claiming right of registration under this act, without passing an examination by the board of pharmacy, shall, on or before the first day of January next after the passage, forward to the board of pharmacy satis- factory proof that he has had three years' experience in drug stores where physicians' prescriptions are prepared; the board of pharmacy shall then issue to said applicant, upon his paying the sum of one dollar, a certificate of registration as assistant pharmacist. Any assistant failing to comply with the requirements of this section, within sixty days from and after the first day of January, eighteen hundred and ninety-two, shall forfeit his right to registration without passing the examination provided for in this act. No registered assistant shall conduct a pharmacy, or be granted a certificate as a registered pharmacist, until he has passed the examination for licentiate in pharmacy, as required by this act. Sec. 6. Within thirty days after the passage of this act, and every fourth year there- after, the governor shall appoint seven competent pharmacists, residing in different parts of the State, to serve as a board of pharmacy. The members of this board shall, within thirty days after their appointment, individually take and subscribe, before the county clerk in the county in which they individually reside, on oath, faithfully and impartially to discharge the duties prescribed by this act. They shall hold office for the term of four years, and until their successors are appointed and qualified* In case of vacancy in the board of pharmacy, the governor shall fill the same by appointing a member to serve for the remainder of the term only. The office of said board shall be located in San Francisco. The board shall organize by electing a president and a secretary, the latter to be ex-officio treasurer of the board Four members of the board shall constitute a quorum. They shall meet at least quarterly, and have the power to make by-laws for the proper fulfillment of their duties. The duties of the board shall be to transact all businese pertaining to the legal regulations of the practice of pharmacy; to investigate all complaints respect- ing noncompliance with, or violation of, the provisions of this act, and to bring the same to the notice of the proper prosecuting officer, whe n e v e r t he r e- i^pears-to-tbe board to be reasonable grounds for such action', and ' to examine and register as 14 pharmaeistfly or assislant pharmacists, all applicants whom it shall deem qnalified to be such, respectively. All persons, on applying for examination or registration, shall pay to the secretary a fee of five dollars for licentiate, and two dollars for assistants; and on passing the examination shall be furnished with a certificate, signed by the secretary and examiners. In case of failure to pass, the board shall grant a second examination within one year, without any additional fee being chaifged. The board shall render an annual report of its proceedings to the governor of the State.* Sbg. 7. Sec. 8. The members of the board of pharmacy shall each be paid the sum of five dollars per diem, for every meeting of the board which they attend, and the secre- tary shall receive such additional compensation as the board may direct. All com- pensation of members, and other expenses of the board of pharmacy, shall be paid out of the examination and registration fees and fines. Sbc. 9. No person shall add to or remove from, or cause to be added to or removed from, any drug, chemical, or medicinal preparation, any ingredient or material for the purpose of adulteration or substitution, or which shall deteriorate the quality, com- mercial value, or medicinal effect, or alter the nature or composition of such article ; and no person shall knowingly sell, or offer for sale, any such adulterated, altered, or substituted drug, chemical, or medicinal preparation, without informing the pur- chaser of the adulteration or sophistication of the article sold or offered for sale. Every registered pharmacist shall file or cause to be filed all physicians' prescrip- tions compounded or dispensed in his pharmacy or store ; they shall be preserved for two years, and he shall furnish a correct copy of any prescription, upon the order or request of the attending physician. Any person who shall willfully violate any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be liable to all costs of the action; and for the lirst offense be liable to a fine not exceeding fifty dollars, and for each subsequent offense a fine of not less than fifty nor more than one hundred dollars, said fines to be paid over to the board of pharmacy. On written complaint being entered against any person or persons, charging them with specific violation of any of the provisions of this act, the board of pharmacy is hereby empowered to delegate one of its members, or other suitable person, who shall have authority to inspect drugs, chemicals, or medicines^ and to make a thorough investigation of tiie case; he shall then report the result of his investigation, and if such report Justify such action, the board shall notify the prosecuting attorney or district attorney, who shall prosecute the offender accord- ing to law. Sbc. 10. It shall be unlawful for any person to retail any poisons enumerated in sdiedules '^A'^ and ''B,'' appended to this act, without labelling the box, bottle, or paper in which said poison is contained, with the name of the article, the word ''Poison,'' and the name and place of business of the seller. Nor shall it be lawful to sell or deliver jmy poison named in schedules "A^' and '*B,'' unless, on inquiry, it is found that the person is aware of its poisonous character, and that it is to be used for a legitimate purpose. Nor shall it be lawful to sell or deliver any poison included in schedule "A'' without making, or causing to be made, an entry in a book kept for that purpose only, stating the date of sale, and the name and « " i' ' J. ^ . ' ' '■ ' . ' ' """ ' '■ ' ■'' * S(M smendintot at end of this JAW* 15 address of the pnrcliasery tlie nai^e aad quaQtity of the poison sold, the pnrpoie for which it is stated by the purchaser to he required, a^d the name of the dispenaer; «^id hook to always he open for inspeotion by the proper authorities, and to he preserved for at least five years. The provisions of this section shall not apply to the dispensing of poisons when prescribed by practitioners of m,edicine, nor to the sale of poisons, if a single bottle or package does not contain more than an ordinary dose. Dealers shall affix to every bottle, box, parcel or other inclosure of an original package containing any of tiie articles named in schedules ''A'' and ''B'^ of this act, a suitable label or brand with the word ''Poison/' but they are hereby exempted from the registration of the sale of such articles when sold at wholesale, or to a registered pbarmacist or physician. Any person failing to comply with the requirements of this section shall be guilty of misdemeanor, and upon conviction shall be liable to a fine not exceeding fifty dollars. Sbc. 11. Any person who shall attempt to procure registratipn for himself, or for any other person under this act, by making, or causing to be madi&, any false rep- resentations, or who shall fraudulently represent bimself to be registered, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined in a sum not exceeding two hundred dollars. Any registered pharmacist who shall per- mit the compounding and dispensing of prescriptions of medical practitioners in his store by persons not registered, except by junior assistants under the direct supervision of registered persons, or any person not registered who shall retail medi- <}ine8 or poisons, except in a pharmacy under the s^pervision of a registered pharma- cist or a registered assistant pharmacist, and any registered person who shall fail to comply with the regulatioiis of this act, shall be guilty of a misdemeanor, and upon conviction thereof be fined not exceeding fifty dollars. Nothing in this act sball apply to or interfere with the business of any practitioner of medicine who does not keep a pharmacy or open shop for the retailing of medicines or poisons, iLor with the exclusive wholesale business of any dealer, except that portion of sec- tion ten which relates to marking or labeling certain poisons mentioned in this Act. Nor shall general dealers come under the provisions of this act, in so far as it relates to the keeping for sale of proprietary medicines in original packages of drugs and medicines; but in no case shall they compound or prepare any pharmaceutical preparations or prescriptions. Sbc. 12. All persons registered under this act shall he jszempt and free from jury duty. SCHEDULE "a." Arsenic, corrosive sublimate^ cynanide of potassium, hydrocyanic acid, strichnia, cocaine, and all other poisonous vegetable alkaloids and their salts, opium, and all its preparations, excepting those which contain less than two grains to the ounce. SCHEDULE "B." Aconite, belladonna, colchicum, conium, nux vomica, savin, oanthurides, phos- phorus, digitalis, and their pharmaceutical preparations, eroton oil, chloroform, chloral, sulphate of zinc, sugar of lead, mineral acids, carbolic acid, and oxalic acid, white precipitate, red precipitate, blniodide of mercury, essential oil of almonds. All acts or parts of acts which conflict with this are hereby repealed. Approved, March 11, 1891. Chapter LVII. AN ACT to amend an act entitled "An act to regulate the praetioe of pbarmaoy and sale of poisons in the State of California," approved March Jl, 189L The People of the State of California, represented in Senate and Aseemhly, do enaet a$ followB : X Section 1. Section six of. said act is hereby amended so a$ to read as follows: Sec. 6. Within thirty days afteri the passage of this act, and every fourth year thereafter, the governor shall appoint seven competent pharmacists, residing in dif- 16 ^ferent parts o^ the State, to serve as a board of pharmacy. The meiabers of this 'board shall^ within thirty days after their appointment, individually take and sub- scribe, belbre the county clerk in the county in which they individually reside, an oath faithfully and impartially to discharge the duties prescribed by this act. They shall hold office for the term of four years, and until their successors are appointed and qualified. In case of vacancy in the board of pharmacy, the governor shall fill 4)he same by appointing a member to serve for the remainder of the term only. The •office of said board shall be located in San Francisco. The board shall organize by electing a president and a secretary, the latter to be ex officio treasurer of the board. ; Four members of the board shall constitute a quorum. They shall meet at least 'Quarterly, and have power to make by-laws for the proper fulfillment of their duties. ^^he duties of the board shall be to transact all business pertaining to the legal regu- lations of the practice of pharmacy ; to investigate all complaints repecting non- J cdmpliance with or violations of the provisions of this act, and to bring the same to the notice of the proper prosecuting officer, whenever there appears to the board to 'be reasonable grounds for such action ; and to examine and register as pharmacists, ^r assistant pharmacists) all applicants whom it shall deem qualified to be such, respectively. All persons, on applying for examination or registration, shall pay to the secretiftry a.fee of five dollars for licentiate, and two dollars for assistants ; and on passing the examination they shall be furnished with a certificate signed by the secretary and examinerSi In case of failure to pass, the board shall grant a second examination - within one year without any additional fee being charged* Every registered pharmacist who desires to continue the practice of his profession in this State shall, annually, on such date as the board of pharmacy may determine, pay to the secretary of the said board a registration fee, to be fixed by the board, but which. shall in no case exceed the sum of two dollars per annum, for which he shall receive a renewal of said registration. Every registered assistant pharmacist who desires to continue the practice of his profession in this State shall, annually, on such date as the board of pharmacy may determine, pay to the secretary of said board a regis- tration fee, to be fixed by the board, but which shall in no case exceed the sum of one dollar per annum, for which he shall receive a renewal of said registration. The board shall render an annual report of its proceedings to the governor of the State. Approved, March 3, 1893. COIiORADO. AN ACT in relation to the practice of pharmacy and the sale of medicines and poisons ; licensing persons to carry on saoh practice, and exempting them from jory duty; providing for the appoint* ment and prescribing the powers and duties of a state board of pharmacy; and to repeal an act entitled "An act regolating the practice of pharmacy; licensing persons to carry on such practice and exempting them from jory duty; providing for the appointment and prescribing the powers and duties of a board of pharmacists." Be it enacted by the General Assembly of the State of Colorado: Section 1. That it shall hereafter be unlawful for any person other than a regis- i tered or assistant pharmacist, as hereinafter defined, to retail, compound, or dispense | drugs, medicines or pharmacal preparations in the State of Colorado } or to institute^ ] conduct, or manage a pharmacy, store, or shop for the retailing, compounding, or i dispensing of drugs, medicines, or pharmacal preparations in said State of Colorado, j unless such person shall be a registered pharmacist, as this act provides, or shall place in charge of said pharmacy, store, or shop, a registered pharmacist, except as | hereinafter provided. Sec. 2. *' Begistered pharmacista" shall comprise all persons regularly registered as such in the State of Colorado for the year ending July 2, 1893 ; and all other persons registered as licentiates in pharmacy for the aforesaid period who have been authorized to conduct or manage a pharmacy in the State of Colorado ; and all persons over twenty-one years of age, having four years' practical experience in compounding and dispensing of physicians' prescriptions, who shall pass a satia- 17 factory examination "before the State board of pharmacy. Graduates in pharmacy who have obtained diplomas from such colleges and shools of pharmacy as shall be approved by the board of pharmacy, and who, previous to obtaining said diploma, have had four years' experience in the dispensing of physicians' prescriptions, woy, on payment of a fee of $5, be made registered pharmacists. Sbc. 3. ** Assistant pharniacisls" in the meaning of this act, shall comprise all per- sons regularly registered as licentiates in pharmacy in the State of Colorado for the year ending July 2, 1893, who have been antliorized to " assist in the dispensing and compounding of physicians' prescriptions," under the supervision of a properly qualified person; and all persons over eighteen years of age, having two years' practical experience in the compounding and dispensing of physicians' prescrip- tions, who shall pass such examination as the State board of pharmacy shall require. Assistant pharmacists shall not be permitted to conduct or manage a pharmacy on their own account, nor assume the management of such business for others. Sec. 4. Immediately upon the passage of this act, and biennially thereafter, the Colorado Pharmacal Association may submit to the governor of the State of Colo- rado, the names of ten or more registered pharmacists having at least ten years' experience as dispensing pharmacists; and from this number the governor shall appoint three ; and the said three registered pharmacists shall constitute the State board of pharmacy of the State of Colorado, to have and to hold office for the term of two years, or until their successors shall have been duly appointed and qualified. In case of resignation or removal from the State of any member of said board, or of a vsicancy occurring from any cause, the governor shall appoint a registered pharmacist to serve as a member of the board for the remainder of the unexpired term. Sec. 5. The said board shall, within thirty days after its appointment, meet in the city of Denver, and org<anize by the selection of a president, secretary, and treasurer, who shall serve for the term of one year, and who shall perform the duties prescribed by the board. Meetings for the examination of applicants for registration, granting of certificates, and the transaction of such other necessary business, shall be held at least once in four months, and at such times and places as may be fixed upon by the board : Provided,- That ten days' public notice of the time and place of each meeting at which there is an examination of candidates for regis- tration shall be given. 