CHAP. 364.—An ACT to incorporate the Virginia Pharmaceutical As-
sociation, and to regulate the practice of Pharmacy, and to guard
the sale of poisons in the State of Virginia.

Approved March 3, 1886.

1. Be it enacted by the general assembly of Virginia, That
G. W. May, T. Roberts Baker, Jno. W. Pierce, Charles ‘A.
Santos, James E. Scott, F, H. Massey, J. W. Thomas, Jr.,
O. F. Mingea, C. H. Lumsden, George C. Starke, W. T. Spots-
wood, E. R. Beckwith, W. E. French, R. W. Thompson, S.
W. Snyder, C. L. Wright, J. S. Bingley, T. F Knock, Jno. A.
Wells, J. P. Banks, Joseph Carr, J. R. Belcher, J. V.A. Tucker,
W. J. Carter, C. B.F leet, E. C. Hamner, W. M. Seward, W.
A. Strother, J. W. Faulkner, E. A. Craighill, Robert F. La-
tham, F. C. Blencowe, Jesse Child, John T. Bishop, William
P. Bell, C. P. Kerfoot, W.S. Purcell; C. J. Noel, M. Griffith,
William Auman, Luther Ott, James L. Avis, and Polk Miller,
and such other persons as may be associated with them under
the provisions of this act, be and the same are hereby made a
body corporate, under the name and style of The Virginia
Pharmaceutical Association, and by said name shall have the
right to sue and be sued, to plead’ and be impleaded, to pur-
chase and hold real.estate, and grant the same, to have and to
use a common seal, and to do such other things, and to per-
form such other acts, as appertain to bodies corporate and poli-
tic, not inconsistent with the constitution and laws of the state:
provided, said association shall not hold, at any one time, real
estate in excess of ten thousand dollars in value.

2. The object of said association is to unite the pharmacists
and druggists of this state for mutual aid, encouragement and
improvement, to encourage scientific research, develop pharma-
ceutical talent, to elevate the standard of professional thought,.
and ultimately restrict the practice of pharmacy to qualified
pharmacists and druggists.

3. That from and after the passage of this act it shall not be
lawful for any person other than a registered pharmacist or prac-
ticing physician, to retail, compound or dispense medicines or
poisons, or to open or conduct any pharmacy or store for re-
tailing dispensing or compounding drugs or medicines, unless
such person shall be or shall employ and place in charge of
said pharmacy or store a registered pharmacist within the mean-
ing of this act: provided, that nothing herein contained shall
prevent the sale by merchants of quinine, epsom salts, castor
oil, essence of peppermint and other flavoring preparations,
calomel, camphor, iodide, bromide and chlorate of potassa,
opium, paregoric and sweet oil, and such other domestic and
proprietory remedies as are usually kept by retail dealers; but
the sale of laudanum, morphine and proprietory medicines,
must be in original packages, as obtained from druggists.

4. Any person, in order to be registered, shall be a graduate
of some college in pharmacy recognized by the Virginia Phar-
maceutical Association, or shall, at the passage of this act,
have had three years’ experience in drug stores where the pre-
scriptions of medical practitioners are compounded, or shall
be a licentiate of pharmacy of the board of pharmacy of Vir-
ginia.

5. This association shall elect ten of its members, from whom
the governor shall select five, who shall constitute the board of
pharmacy of the state of Virginia, and shall hold office for the
term of one, two, three, four and five years, respectively, as
herein provided, and until their successors have been duly
appointed and qualified. The Virginia Pharmaceutical Asso-
ciation shall annually thereafter recommend five pharmacists,
from which number the governor shall fill the vacancy annually
occurring in said board. In case of death, resignation, or re.
moval from the state of any member of said board, the gover-
nor shall appoint in his place a pharmacist from the names
last submitted to him, to serve as a member of the board for
the remainder of the term. The board is empowered to trans-
act all business relating to the legal practice of pharmacy; to
examine into and adjudicate upon all cases of abuse, fraud,
adulteration, substitution or malpractice and to enfore all the
provisions of the law, and to report all violations of this act to
the proper state authorities and to the association, whenever
the same may occur. Any one examined by the board shall
pay a fee of five dollars. In case of failure to pass a satisfac-
tory examination, he shall be granted a second examination
without the payment of a further fee. It shall be the duty of
the members of the board, after receipt of notification of their
appointment, to appear before the clerk of the city or county
court, or any other person authorized to administer an oath,
in which they individually reside, and make and subscribe to
an oath properly and faithfully to discharge the duties of this
office, and within thirty days thereafter meet and organize, by
the election of president and secretary of said board. The
secretary shall be elected to serve for the term of five years,
and the term of office of the other members shall be deter-
mined by lot. The board shall hold meetings at least once an-
nually, or oftener, as the business of the board may require.
The secretary shall give each member of the board not less
than ten days’ notice of each meeting. Three members shall
constitute a quorum, It shall be the duty of the board to ex-
amine all persons applying for examination in proper form, and
to register such as shall establish their right to registration in
accordance with the provisions of this act.

6. Pharmacists claiming the rights of registration under this
act, on account of practical experience, shall, within ninety
days after its passage, or after the organization of the board,
show to the satisfaction of the board of pharmacy to be created
by this act, that they have had not less than three years’ prac-
tical experience in the preparation of physicians’ prescriptions,
and in compounding and vending medicines and poisons: pro-
vided nothing in this section shall apply to any person or per-
sons in business on their own account upon the passage of this
act. Licentiates in pharmacy must have had not less than
three years’ experience previous to the passage of this act, in
stores where prescriptions of medical practitioners have been
prepared, or shall have passed an examination before the board
of pharmacy of the state; and in all cases two years of expe-
rience shall be required. The board may register, without
further examination, the licentiates of such other boards of
pharmacy as they may deem proper.

7. It shall be the duty of the secretary of the board of phar-
macy to keep a book of registration at some convenient place,
of which due notice shall be given through the public press, in
which shall be entered, under the supervision of the board, the
names and places of business of all persons coming under the
provisions of this act, and a statement, to be signed by the
person making the application, of such facts in the case as he
may claim to justify his application. The fee for registration
of proprietors shall not exceed two dollars, and for those in
the employ of others shall not exceed one dollar. The secre-
tary shall give receipts for all moneys received by him, which
moneys shall be used for the purpose of defraying the expenses
of the board of pharmacy, and any surplus shall be for the
benefit of the association. The salary of the secretary shall
be fixed by the board, and shall be paid out of the fees for ex-
amination and registration. Each member of the board of
pharmacy shall receive the sum ‘of five dollars for every day
engaged in the service of the board, and such actual expenses
as may be incurred in going to and from the place of meeting.
It shali be the duty of the board, or any member of the asso-
ciation, to report all complaints of disregard or non-compli-
ance with or violations of the provisions of this act, to the
proper prosecuting officers of the commonwealth, and to the
association; and it shall be the duty of such officer to prose-
cute the same when brought to his attention, and there appears
to be reasonable ground for such complaints. The board is
hereby empowered to make such rules and regulations as it
shall find necessary for carrying into effect the provisions of
this law, not inconsistent with the purpose and spirit of the
same. .

8. Every person, from and after the passage of this act, shall
be held responsible for the quality of all drugs, chemicals and
medicines he may lawfully sell or dispense, with the exception
of those sold in the original packages of the manufacturers, or
taken from original packages, and also those known as patent
medicines, and the essences cf lemon, peppermint and cinna-
mon, put up for sale for flavoring purposes; and should he inten-
tionally adulterate, or cause to be adulterated, or expose to sale,
knowing the same to be adulterated, such drugs, chemicals or
medicinal preparations, he shall be deemed guilty of a misde-
meanor; and upon conviction thereof be liable to a penalty of
not exceeding one hundred dollars, and in addition thereto, if
he be a registered pharmacist, his name may be stricken from
the register. Every registered pharmacist, who desires to con-
tinue the practice of his profession, shall annually thereafter,
within thirty days next preceding the annual meeting of the
board of pharmacy, pay to the secretary of the said board, a
registration fee of one dollar, for which he shall receive a re-
newal of said certificate of registration. Any registered phar-
macist failing to renew his registration, as required by this
section, and continuing in the exercise of his profession, shall
be guilty of a misdemeanor, and upon conviction thereof pun-
ished by fine not exceeding twenty-five dollars for each offence.
g. It shall not be lawful for any person who has authority to
sell or dispense medicines or poisons, under a penalty of twenty-
five dollars for each and every offence, from and after the pas-
sage of this act, except as provided herein, to retail any poisons
enumerated in schedules A and B, as follows, to-wit:

SCHEDULE A.

Arsenic, and its preparations, corrosive sublimate, white pre-
cipitate, biniodide of mercury, cyanide of potassium, hydro-
cyanic acid, strychnine and essential oil of bitter almonds. |

SCHEDULE B.

Aconite, belladonna, colchicum, conium, nux vomica, hen-
bane, savin, ergot, cotton root, cantharides, creosote, digitalis,
and their pharmaceutical preparations; croton oil, chloroform,
chloral hydrate, sulphate of zinc, carbolic acid, oxalic acid, pre-
parations containing opium, except paregoric and other pre-
parations of opium containing less than two grains to the ounce,
and other deadly poisons, without distinctly labelling the bot-
tle, 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 to sell or deliver any poison enumerated in said schedules
A and B, unless upon due enquiry it be found that the purcha-
ser is aware of its poisonous nature, and represents that it is
to be used for a legitimate purpose; nor shall it be lawful for
any person to sell any poison in schedule A, without, before
delivering the same to the purchaser, causing an entry to be
made in a book kept for the purpose, stating the date of the
sale, the name and address of the purchaser, the narne and
quantity of the poison sold, the purpose for which 1s repre-
sented by the purchaser to be required, and the name of the
dispenser; such book to be always open to public inspection.
The provisions of this section shall not apply to the dispensing
of poisons in usual doses on physicians’ prescriptions, put up
by registered pharmacist, or dispensed by the physician.

10. Nothing contained in the foregoing section shall apply to
or interfere with the business of any practitioner of medicine
who does not keep open shop for the retailing of medicines and
poisons, nor with the business of wholesale dealers, excepting
section nine, and the penalties for its violation

11. If any person who shall permit, by wilful neglect, the
compounding and: dispensing of prescriptions in his store or
place of business by any person or persons not registered, ex-
cept under the immediate supervision or control of a registered
pharmacist; or any person not registered who shall keep open
shop for the retailing or dispensing of medicines. or poisons,
except as hereinbefore provided, or who shall fraudulently rep-
resent himself to be registered, or any registered pharmacist,
or any dealer in medicine, who shall fail to comply with the
regulations and provisions of this act in relation to retailing
and dispensing of poisons, shall, for every such offence, be
deemed guilty of a misdemeanor, and upon conviction thereof
be liable to a penalty not exceeding twenty-five dollars.

12. Any pharmacist failing to comply with the requirements
of sections six and eight, within ninety days from and after the
passage of this act or organization of the board, shall forfeit
his right to registration, and shall appear before the board of
pharmacy for examination, as provided in this act.

13, Registered pharmacists, under the provisions of this act,
are hereby relieved from serving on juries.

14. This act shall be in force from its passage.