An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1908 |
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Law Number | 291 |
Subjects |
Law Body
Chap. 291.—An ACT to regulate the practice of pharmacy and the composition,
branding, possession, dispensing, and sale of drugs, poison and narcotics, and
to repeal certain existing acts in relation thereto.
Approved March 14, 1908.
1. Be it enacted by the general assembly of Virginia, as follows:
From and after the passage of this act, it shall be unlawful for any
person to manufacture, sell, or offer for sale any drug which is adulter-
ated or misbranded, within the meaning of this act; and any person
who shall violate any of the provisions of this chapter shall be guilty
of a misdemeanor, and for each offense shall, upon conviction thereof,
be fined not less than twenty dollars nor more than one hundred dollars
or shall be sentenced to six months imprisonment, or both such fine
and imprisonment, in the discretion of the court; and for each subse-
quent offense and conviction thereof, shall be fined not to exceed two
hundred dollars or sentenced to six months imprisonment or both such
fine and imprisonment in the discretion of the court.
§1. The board of pharmacy shall make uniform rules and regula-
tions for carrying out the provisions of this act, including the collec-
tion and examination of specimens of drugs manufactured or offered
for sale in the State of Virginia.
§2. No dealer shall be prosecuted under the provisions of this chapter
when he can establish a guaranty signed by the wholesale, jobber, manu-
facturer, or other party residing in the State of Virginia, from whom
he purchases such articles to the effect that the same is not adulterated
or misbranded within the meaning of ibis act; nor prosecuted under the
provisions of this chapter for the sale »f adulterated or mishranded
drugs introduced into the State of Virginia from some other State or
territory, when the said dealer can establish a guaranty signed by the
person or persons, residing in the United States, from whom he has
purchased such articles to the effect that the same is not adultcrated
or misbranded within the meaning of the national food and drugs act
of June thirtieth, nineteen hundred and six. Said guaranty, to afford
protection in cither case, shall contain the name and address of the
party or parties making the sale of such articles to such dealer, and
in such case said party or parties shall be amenable to the prosecutions,
fines, and other penalties which would attach, in due course, to the
dealer under the provisions of this act.
§3. The examination of specimens of drugs shall be made under the
direction and supervision of the board of pharmacy, for the purpose
of determining from such examinations whether such articles are adul-
terated or misbranded within the meaning of this act; and if it shall
appear from any such examination that any of such specimens is adul-
terated or misbranded within the meaning of this act, the board of
pharmacy shall cause notice thereof to be given to the party from whom
such sample was obtained. Any party so notified shall be given an
opportunity to be heard, under such rules and regulations as may be
prescribed as aforesaid, and if it appears that any of the provisions of
this chapter have been violated by such party, then the board of phar-
macy shall at once certify the facts to the Commonwealth’s attorney
of the city or county wherein the offense occurred, with a copy of the
results of the analysis or the examination of such article duly authenti-
cated by the analyst or officer making such examination, under the
oath of such officer. After judgment of the court, notice shall be given
in such manner as may be prescribed by the rules and regulations of
the board of pharmacy. And that it shall be the duty of the depart-
ment of agriculture and immigration of this State to make such
chemical analyses as may be necessary for carrying out the provisions
of this chapter. In all prosecutions arising under this act the certificate
under oath of the analyst or other officer making the analysis or ex-
aminations, therein be prima facie evidence of the facts therein certified.
§4. It shall be the duty of each Commonwealth’s attorney to whom
the board of pharmacy shall report any violation of this act to cause
appropriate proceedings to be commenced and prosecuted in the corpo-
ration or circuit court of the city or county wherein the offense oc-
curred, without delay, for the enforcement of the penalties as in such
case provided.
§5. The term “drug” as used in this act shall include all medicines
and preparations recognized in the United States Pharmacopoeia or
National Formulary for internal or external use, and any substance or
mixture of substances intended to be used for the cure, mitigation or
prevention of disease of either man or other animals.
§6. For the purpose of this act an article shall be deemed to be
adulterated :
First. If, when a drug is sold under or by a name recognized in
the United States Pharmacopoeia or National Formulary, it differs
from the standard of strength, quality, or purity, as determined by the
tests laid down in the United States Pharmacopoeia or National Formu-
lary official at the time of investigation: provided, that no drug defined
in the United States Pharmacopoeia or National Formulary, except
preparations of opium shall be deemed to be adulterated under this
provision, if the standard of strength, quality, or purity be plainly
stated upon the bottle, box, or other container thereof, although the
standard may differ from that determined by the test laid down in the
United States Pharmacopoeia or National Formulary, and any prepa-
ration of opium except laudanum, shall not be deemed to be adulterated,
provided it does not differ from the standard of strength, quality or
purity, as determined by the tests laid down in the United States
Pharmacopoeia or National Formulary in any particular, save as to the
amount and strength of alcohol contained in its menstruum, and said
amount and strength of alcohol contained in its menstruum is plainly
stated upon the bottle, box, or other container thereof.
Second. If its strength or purity fall below the professed standard
of quality under which it is sold.
§7. For the purpose of this act an article shall be deemed to be mis-
branded :
First. If it be an imitation of, or offered for sale under the name of,
another article; or if it be so labeled or branded as to deceive or mislead
the purchaser; or purport to be a foreign product when not so.
Second. If the contents of the package as originally put up shall
have been removed, in whole or in part, and other contents shall have
been placed in such package without proper alteration of the original
label, or if the package fail to bear a statement on the label of the
quantity or proportion of any alcohol, morphine, opium, cocaine, heroin,
alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or
acetanilide, or any derivative or preparation of the said substances con-
tained therein; provided, that nothing in this section shall be so con-
strued as to require any article recognized in the United States Pharma-
copoeia or National Formulary to be labeled as to its contents when
such article conforms to the standard as laid down in the United States
Pharmacopoeia or National Formulary and is labeled and sold or dis-
pensed as such, or to require medicines dispensed on the prescriptions
of lawfully authorized practitioners of medicine, dentistry, or veterinary
medicine to be labeled, except as directed by such practiticner.
§8. The word “person,” as used in this act, shall be construed to
import both the plural and the singular, as the case demands, and shall
include corporations, companies, societies, and associations. When con-
struing and enforcing the provisions of this act, the act, omission, or
failure of any officer, agent, or other person acting for, or employed by
any corporation, company, society, or association, within the scope of his
employment or office, shall, in every case, be also deemed to be the act,
omission, or failure of such corporation, company, society, or association,
as well as that of the person. Nothing in this chapter shall prevent
any person from selling in original packages without change of label,
any proprietary preparation which was in his possession prior to the
passage of this act.
Chapter IT.
§1. The board of pharmacy of the State of Virginia shall be continued,
it shall consist of five members, to be appointed by the governor, each
for the term of five years; their terms of office shall continue to be so
arranged that the term of one of them shall expire each year.
The Virginia pharmaceutical association shall annually recommend
five registered pharmacists, citizens of Virginia, who shall have had
not less than ten years’ practical experience in pharmacy, from whom
the governor shall, by selection and appointment, fill all vacancies occur-
ring in said board; every person appointed a member of the board shall,
before entering upon the duties of his office, take the oath of office before
some officer authorized to administer an oath, and file the certificate of
said oath with the secretary of the board. In the event of the failure
of the said Virginia pharmaceutical association to make such recommen-
dation, the governor shall make the said annual appointment in accord-
ance with the other provisions contained in this section. .
There shall be a president, a secretary, and a treasurer of the board,
who shall be selected by the board from its own members, except that
the offices of secretary and treasurer may be held by some one other than
a member of the board; they shall hold office for the period of one
year from their election and qualification, or until their successors are
elected and qualified; the officers of secretary and treasurer may be held
by the same person; the treasurer shall give bond for the faithful per-
formance of the duties of. his office in such penalty and with such se-
curity as may be approved by the board; three members present at any
meeting of the board shall constitute a quorum for the transaction of
business.
The board shall hold its annual meetings on the fourth Monday in
April of each year, in the city of Richmond, Virginia, and such other
meetings at such times and places, and upon such notice as said board
may determine and as the business of said board may require.
The expenses incurred by the board of pharmacy in the discharge
of the duties imposed upon it by this act to an amount not exceeding
six thousand dollars per annum shall be paid out of the treasury of the
Commonwealth on warrants issued by the auditor of public ac-
counts, such warrants to be issued on certificates signed by the secre-
tary and president of the board of pharmacy.
The salaries of the secretary and treasurer shall be fixed by the board.
Each member of the board shall be paid the sum of five dollars for every
day he is actually engaged in the service of the board, and for such
actual and legitimate expenses as he may incur in going to and from
the place of meeting and remaining thereat during the sessions of the
board.
The board of pharmacy shall have authority to make such by-laws,
rules and regulations, not inconsistent with the laws of the State, as may
be necessary for the furtherance of the provisions of this act, and the
lawful performance of its powers; to engage and pay for such professional
and other services as it may deem necessary in investigating violations
of the provisions of this act and in the enforcement of such provisions,
and to transact all business relating to the legal practice of pharmacy.
The board of pharmacy shall regulate the practice of pharmacy and
the sale of poisons, and control the character and standard of all drugs
and medicines dispensed in the State, and investigate all complaints
to quality and strength of all drugs and medicines and take such actions
as may be necessary to prevent the sale of such as do not conform to the
requirements of this act.
§2. The board of pharmacy shall conduct examinations of applicants
for registration when so determined by the board, and not less frequently
than once in six months, and may issue three grades of certificates
to be known, respectively, as that of “registered pharmacist,” “registered
assistant pharmacist,” and “registered apprentice,’ and “permits” to
physicians in rural districts and towns of not over one thousand popu-
ation.
§3. The board of pharmacy shall require and provide for the annual
registration of every registered pharmacist, registered assistant
pharmacist and registered apprentice, engaged in business in the
State, and charge and receive the sum of one dollar for each such reg-
istration except in the case of registered apprentice, the fee for which
shall be fifty cents. All permits of the board of pharmacy to sell or
dispense medicines shall be renewed annually. The board of pharmacy
shall require as-a prerequisite for such renewal, the furnishing of evi-
dence satisfactory to the board that the applicant for renewal has com-
plied with the law and with the rules and regulations of the board.
The board shall charge and receive the sum of one dollar for each re-
newal.
§4. The board of pharmacy shall have power to investigate all
alleged violations of this act or of any other law of this State regulating
the dispensing or sale of drugs, medicines or poisons or the practice of
pharmacy which may come to its notice; and whenever there appears
reasonable cause therefor to take and hear testimony with reference to
the same, and if in the discretion of such board, to bring the same to
the notice of the proper prosecuting authorities, or bring actions in the
name of the board of pharmacy, for the recovery of penalties in such
cases as may be provided by law. ,
§5. The board of pharmacy shall recognize all certificates or licenses
issued by former boards of the State, and make and keep a record of
all licenses and certificates issued by it. Such records shall be open to
inspection by any citizen of the State.
§6. The board of pharmacy shall not grant a license to any appli-
cant if satisfied that the safety of the public health will be endangered
by reason of the habits or character of said applicant. If any person
shall have obtained a license by misrepresentation or fraud, or shall
become unfit or incompetent by reason of negligence, habits, or other
cause, to practice as a pharmacist or assistant pharmacist, the board of
pharmacy shall have power to revoke such license after giving such
person reasonable notice and an opportunity to be heard, and if any
licensee shall wilfully and repeatedly violate any of the provisions of
this act or the rules and regulations established by the board of phar-
macy, such board shall revoke his or her license upon sufficient evidence
of such violation, in addition to any other punishment by law imposed
for such violation.
87. Whenever the board of pharmacy shall revoke the certificate of any
registered or assistant registered pharmacist, or apprentice, it shall
notify the registered person of such action, and he or she shall imme-
diately deliver to the board or its representative, his or her certificate
of registration.
§8. The board of pharmacy shall render annually to the governor a
report of its proceeding, including receipts and disbursements, during
the preceding year.
ACTS OF ASSEMBLY. 525
§9. The board of pharmacy may issue licenses to practice as phar-
macists or assistant pharmacists in this State, without examination
to such persons as have been legally registered or licensed as pharmacists
or assistant pharmacists in other States, provided that the applicant for
such license shall present satisfactory evidence of qualifications equal to
those required from licentiates in this State, and that he was registered
or licensed by examination in such other State, and that the standard
of competence required in.such other State is not lower than that re-
quired in this State, and provided also, that the board is satisfied that
such other State accords similar recognition to the licentiates of this
State. Applicants for license under this section shall, with their ap-
plication, forward to the secretary of the board of pharmacy the same
fees as are required of other candidates for license.
§10. From and after the passage of this act, every place in which
drugs, medicines or poisons are retailed or dispensed or physicians’
prescriptions compounded as hereinafter provided shall be deemed to be
a pharmacy, and the same shall be under the personal supervision of a
registered pharmacist, except that during the temporary absence of the
registered pharmacist, a registered assistant pharmacist may act in place
of the said registered pharmacist, and registered apprentices may be in
temporary charge, but only with privileges of merchants and retail
dealers; provided, that nothing in this section shall apply to sales of
homeepathic medicines by homcepathic pharmacists.
But nothing in this act shall be construed to interfere with any legally
qualified practitioner of medicine, dentistry or veterinary medicine,
who is not the proprietor of a store for the dispensing or retailing of
drugs, or who is not in the employ of such a proprietor, in the compound-
ing of his own prescriptions, or to prevent him from supplying to his
patients such medicines as he may deem proper, if such supply is not
made as a sale. Provided, further, that in rural districts and in towns
having a population of one thousand or less, any physician regularly
licensed under the laws of Virginia may be granted by the board of
pharmacy an annual permit to compound and sell medicines, fill pre-
scriptions, and sell poisons, duly labeling the same as required by this
act; and merchants and retail dealers may sell the ordinary non-poison-
ous domestic remedies; laudanum in original packages containing not
over two fluid ounces and put up by manufacturers and wholesale dealers.
Proprietary medicines, copperas, cream tartar, colamel, paris green, blue-
stone, carbolic acid, London purple, sweet spirits nitre, essence Jamacia
ginger, paragoric, tincture of iron, quinine in original packages which
conform to the requirements of this act, and such other medicines as the
board of pharmacy may permit; and provided, further, that nothing in
this chapter shall prevent the sale and dispensing at soda fountains and
by other dealers of granular effervescent and proprietary liquid prepa-
rations and beverages claiming curative properties, and whose composi-
tion are not in conflict with the provisions of this act. And provided,
further, that the board of pharmacy shall permit the sale of all insecticides
and poisons used for the destruction of pests and other forms of disease
in trees and plants, under such rules and regulations as will properly
protect the lives and health of the public and not inconsistent with this
act.
526 ACTS OF ASSEMBLY.
§11. Except as prescribed in this act it shall not be lawful for any
person to practice as a pharmacist, or assistant pharmacist, or to en-
gage in, conduct, carry on, or be employed in the dispensing, compounding
or retailing of drugs, medicines or poisons within this State.
$12. Every person practicing as a registered pharmacist or regis-
tered assistant pharmacist or registered apprentice, and every person en-
gaged in selling or compounding medicines under a permit, must at
all times display his certificate conspicuously in the place in which he
practices under such certificate.
§13. Every person who shall hereafter desire to be registered as a
pharmacist or assistant pharmacist, shall file with the secretary of the
board of pharmacy an application, duly verified under oath, setting forth
the name and age of the applicant, the place or places at, which, and the
time spent in, the study of the science and art of pharmacy, the expe-
rience in the compounding of physicians’ prescriptions which the appli-
cant has had under the direction of a registered pharmacist, and shall
appear at a time and place designated by the board of pharmacy and sub-
mit to an examination as to his or her qualifications for registration
as a pharmacist or assistant pharmacist, and every such applicant shall
present to the board evidence of having completed his grammar school
work or its equivalent.
§14. In order to be licensed as a pharmacist within the meaning of
this act an applicant shall be not less than twenty-one years of age,
and shall have been licensed’ as an assistant pharmacist for not less
than two years prior to his or her application for license as a pharmacist,
or shall present to the board satisfactory evidence that he or she has
had not less than four years’ practical experience in a retail pharmacy,
under the personal supervision of a registered pharmacist, or two years’
practical experience as above, and have graduated in pharmacy at some
school or college of pharmacy recognized by this board, and also pass
an examination satisfactory to a majority of the board.
§15. In order to be licensed as an assistant pharmacist within the
meaning of this act, an applicant shall be not less than eighteen years
of age, and shall have had not less than two years’ experience in phar-
macy under the instruction of a registered pharmacist, and shall pass an
examination satisfactory to a majority of the board.
§16. Every applicant for original registration as pharmacist or as-
sistant pharmacist, shall pay to the secretary of the board of pharmacy
the sum of five dollars.
§17. If the applicant for license as pharmacist or assistant pharmacist
has complied with all the requirements of the preceding sections, the
board of pharmacy shall enroll his or her name upon the register of
pharmacists or assistant pharmacists, and issue to him or her a certi-
cate of registration as pharmacist or assistant pharmacist.
§18. It shall be the duty of all registered pharmacists who take into
their employ an apprentice for the purpose of becoming a pharmacist
to require such person to apply to the board of pharmacy for registra-
tion as an apprentice. The board may issue to such apprentice, when
his or her qualifications are satisfactory, a certificate of registration as
a “registered apprentice” and the date of the certificate shall be vroof
of the time when practical experience began with the apprentice named
therein. The board shall furnish proper blanks for this purpose, the
fee for such registration shall be fifty cents.
§19. Nothing in this act shall be construed to prevent or interfere
with any retail druggist or wholesale dealers, or manufacturing concern
or their employees from selling, compounding or manufacturing in the
regular course of business, any pharmaceutical preparations, or any
patent or proprietary preparations that conform to the requirements of
chapter one of this act, and the sale of which is not in conflict with
section twenty-one of chapter two, or section one of chapter three of
this act; or of chapter four of this act; or prevent the employment, by
registered pharmacists of apprentices or assistants for the purpose of
being instructed in pharmacy, but such apprentices or other unregistered
employees or assistants shall not be allowed to prepare or dispense
prescriptions or to sell or furnish medicines or poisons, except in the
presence of and under the personal direction of a registered or regis-
tered assistant pharmacist.
§20. It shall be unlawful for any person or persons having authority
to sell or dispense medicines or poisons to retail any poison enumerated
in the following schedule, without distinctly labeling the bottle, box,
vial or paper in which said poison is contained with the name of the
article and the word “poison” and the name and place of business of
the seller; and in addition thereto, at least one of the most readily
obtainable effective antidotes to such poisonous article; arsenic and its
preparations, corrosive sublimate, biniodide of mercury, ammonio-
chloride of mercury, mercuric oxide and all other mercuric salts; cyanide
of potassium, hydrocyanic acid, strychnine and its salts, essential oil
of bitter almonds; cocaine, alpha and beta eucaine and their salts;
aconite, belladonna, nux vomica, cantharides, digitalis, colchium, co-
nium, hyoscyamus, and their active principles and pharmaceutical prepa-
tations; preparations of opium of a greater strength than camphorated
tincture of opium of the United States Pharmacopeia, creosote, croton
oil, chloroform, chloral hydrate, carbolic acid (phenol), oxolie acid,
corrosive mineral acids in concentrated form; and other deadly poisons;
and it shall be unlawful for any person to sell or deliver any poison men-
tioned in the above schedule unless it be found upon due inquiry that the
purchaser is aware of its poisonous nature; and it shall also be unlawful
to sell or deliver any of the said poisons to any person under sixteen
years of age, except upon the written order of some responsible adult.
The provisions of this section shall not apply to the dispensing of
poisons in usual doses on prescriptions of physicians, dentists or veter-
imary surgeons, when prepared and dispensed in accordance with the
pharmacy laws of this State; nor to preparations containing any of the
substances named in this section, when a single box, bottle, or other
package, or when the bulk of one-fourth fluid ounce, or the weight of
one-fourth avoirdupois ounce does not contain more than an adult
medicinal dose of such substance; nor to liniments or ointments, sold
in good faith as such, when plainly labeled “For external use only ;” nor
to preparations put up and sold in the form of pills, capsules, tablets,
or lozenges, containing any of the substances enumerated in this section,
dnd intended for internal use, when the dose recommended does not
contain more than one-fourth of an adult medicinal dose of such sub-
stance; nor to such preparations for diarrhcea and cholera as are de-
scribed in section one of chapter three.
§21. Any person violating any of the provisions of this chapter shall
be guilty of a misdemeanor, and upon conviction thereof, shall be fined
not less than twenty dollars or more than one hundred dollars for each
offense.
Chapter III.
§1. It shall be unlawful for any person to sell, furnish or give away
any morphine, heroin, opium and preparations thereof containing a
higher percentage of morphine than tincture of opium of the strength
ordered by the United States Pharmacopeeia, or any salt or compound of
the foregoing substances, except upon the original written prescription
or order of a lawfully authorized practitioner of medicine, dentistry, or
veterinary medicine, which must have plainly written upon it the name
and address of the patient, and must be signed by the person giving it,
which prescription can be filled only once.
Provided that the provisions of this section shall not apply to sales
made by any manufacturers, wholesale or retail druggists to other manu-
facturers, wholesale or retail druggists; nor to sales made to hospitals,
colleges, scientific or public institutions, or to physicians, dentists, or
veterinary surgeons; nor to the sale of cough syrups and other domestic
and proprietary remedies of this character, which are prepared and sold
in good faith as medicines and not intended for defeating the purposes
of this chapter, if such remedies do not contain more than two grains
of opium or one-third grain of morphine or one-fourth grain of heroin
in one fluid ounce, or if a solid preparation in one avoirdupois ounce, nor
‘to preparations containing opium which are prepared and sold in good
faith for diarrhoea and cholera, each bottle or package of which is ac-
companied by specific directions for use and a caution against habitual
use; nor to powder of ipecac and opium, commonly known as “Dover’s
powder ;” nor to liniments or ointments, when plainly labeled “For ex-
ternal use.”
§2. It shall be unlawful for any practitioner of medicine, dentistry,
or veterinary medicine to furnish to or prescribe for the use of any ha-
bitual user of the same, any cocaine, alpha or beta eucaine, heroin, opium,
morphine, codeine, or any salt or compound of the foregoing substances,
or any preparations containing any of the foregoing substances or their
salts or compounds. And it shall be unlawful for any practitioner of
dentistry to prescribe any of the foregoing substances for any person
not under his treatment in the regular practice of his profession, or
for any practitioner of veterinary medicine to prescribe any of the fore-
going substances for the use of any human being.
Provided, however, that the provisions of this section shall not be
construed to prevent any lawfully authorized practitioner of medicine
from prescribing in good faith for the use of any habitual user of nar-
cotic drugs who is under his professional care, such substances as he may
deem necessary for his tréatment, when such prescriptions are not given
for the purpose of evading the provisions of this act.
§3. Any person who shall violate any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof,
AUIS UP ASSEMDUI. ed
for the first offense, shall be fined not to exceed one hundred dollars,
and upon conviction of a second offense, shall be fined not less than two
hundred dollars not more than one thousand dollars, or shall be im-
prisoned in jail six months, or both such fine and imprisonment at the
discretion of the court.
Chapter IV.
§1. No person shall sell, give away or otherwise dispense cocaine,
alpha or beta eucaine, or any mixture of either, except on the prescrip-
tion of a licensed physician, and any person violating the provisions of
this section shall be deemed guilty of a felony, andsupon conviction
thereof, shall be imprisoned in the State penitentiary not less than one
nor more than five years, provided that nothing herein contained shall
be construed to prohibit the sale of cocaine or of alpha or beta eucaine
by any licensed manufacturing pharmacists or chemists or wholesale
or retail druggists to other licensed manufacturing pharmacists or chem-
ists, or wholesale or retail pharmacist or druggists, or to hospital, col-
leges, scientific or public institutions, or to licensed physicians, dentists
or veterinary surgeons; nor to the use of cocaine or alpha or beta
eucaine by any licensed physician, dentist or veterinary surgeon in the
regular course of his practice.
§2. If any person except a licensed physician, dentist or veterinary
surgeon, manufacturing pharmacist or chemist, or wholesale or retail
pharmacist or druggist, have in his possession cocaine, or alpha or beta
eucaine, or any mixture of either, with intent to sell, give away or other-
wise dispense the same, he shall be deemed guilty of a felony, and pun-
ished by confinement in the State penitentiary not less than one nor more
than five years; and possession of cocaine or alpha or beta eucaine or
any mixture of either, except by a licensed physician, dentist, veterinary
surgeon, manufacturing chemist or pharmacist, or wholesale or retail
pharmacist or druggist, or on the prescription of a licensed physician,
shall be prima facie evidence of an intent to sell, give away or other-
wise dispense the same; provided, that nothing herein contained shall
be construed to apply to any hospital, college or scientific or public
institution.
§3. Every prescription for the use of cocaine or alpha or beta eucaine
must be signed by the licensed physician giving the same, and the name
and address of the patient must be plainly written upon the prescription,
which prescription may be filled only once, and any person violating any
of the provisions of this section shall be guilty of a misdemeanor, and
upon conviction thereof, shall be fined not less than twenty nor more
than one hundred dollars.
Chapter V.
§1. All fines and fees collected under this act shall be paid into the
treasury of the State of Virginia.
§2. Sections seventeen hundred and fifty-six, seventeen hundred
and fifty-seven, seventeen hundred and fifty-eight, seventeen hundred and
fifty-nine, seventeen hundred and sixty, seventeen hundred and sixty-
one, seventeen hundred and sixty-two, seventeen hundred and sixty-
three, seventeen hundred and sixty-four, seventeen hundred and sixty-
five and seventeen hundred and sixty-six of chapter seventy-eight of
the Code of eighteen hundred and eighty-seven, as amended by an act
approved May sixth, eighteen hundred and sighty-seven, entitled an act
to amend and re-enact section six and twelve of an act approved March
third, eighteen hundred and eighty-six, and as further amended by an
act approved March fifth, eighteen hundred and ninety-four, entitled
an act to amend and re-enact sections seventeen hundred and fifty-six
to seventeen hundred and sixty-six, both inclusive, of chapter seventy-
eight of the Code, and as further amended by an act approved March
second, eighteen hundred and ninety-eight, entitled an act to amend
and re-enact section seventeen hundred and fifty-nine of the Code, and
as further amended by an act approved March fifth, nineteen hundred,
entitled an act to amend and re-enact section seventeen hundred and
fifty-nine of the Code, and as further amended by an act which became
a law March fifth, nineteen hundred and three, entitled an act to amend
and re-enact section seventeen hundred and fifty-nine of the Code, and
as further amended by an act approved March fourteenth, nineteen
hundred and four, entitled an act to amend and re-enact section seven-
teen hundred and sixty-four of the Code, are hereby repealed.