Chap. 618.—An ACT to amend and re-enact sections 1756, 1757, 1758, 1759, 1760,
1761, 1762, 1763, 1764, 1765 and 1766 of chapter 78 of the code of Virginia, in
relation to the practice of pharmacy, as amended by an act approved May 6,
1887, entitled an act to amend and re-enact sections 6 and 12 of an act approved
March 3, 1886, entitled an act to incorporate the Virginia pharmaceutical
association, and to regulate the practice of pharmacy, and to guard the sale
of poisons in the state of Virginia.

Approved March 5, 1894.

1. Be it enacted by the general assembly of Virginia, That 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 bundred and sixty-one, sev-
enteen 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 Virginia, as amended by an act approved May sixth,
eighteen hundred and eighty-seven, entitled an act to amend and
re-enact sections six and twelve of an act approved March third.
eighteen hundred and eighty-six, entitled an act to incorporate the
Virginia pharmaceutical association, and to regulate the practice of
pharmacy, and to guard the sale of poisons in the state of Virginia,
be amended and re-enacted so as to read as follows:

§ 1756. 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 term of office shall
continue to be arranged so that the term of one of them shall expire
each year.
The Virginia pharmaceutical association shall annually recom-
mend five registered pharmacists, citizens of the state of Virginia,
who shall have had not less than ten years’ practical experience in
pharmacy, from whom the governor shal] select and appoint one to
fill the vacancy thus annually occurring in tbe board.

In the event of the failure of the said Virginia pharmaceutical
association to make such recommendation, the governor shall make
the said annual appointment in accordance with the other provisions
contained in this section.

In case of the death, resignation or removal of any member of the
board from the state, the governor shall, from the names submitted
to him within one year last past, if such recommendation was made,
appoint a pharmacist, in accordance with the provisions and restric-
tions herein, to serve as a member of the board for the unexpired
term. Every person appointed a member of the board shall, before
entering upon the duties of his office, take the oath of office in the
county or corporation in which he resides, or in which the meeting
of the board next after his term of office begins shall be held, before
some officer authorized to administer an oath, and file the certificate
of the said oath with the secretary of the board.

There shall be a president, a secretary and a treasurer of the board,
who shall be selected by the board from its own members, and the
offices of secretary and treasurer may be held by the same person.

The president and secretary and treasurer shall hold office for the
period of one year from their election and qualification, or until
their successors are elected and qualified.

The board shall hold an annual meeting on the third Monday of
March of each year, at the city of Richmond, Virginia, and such other
meetings, from time to time, as the business of the board may re-
quire, which said additional meetings shall be held at such times
and places as the board may prescribe, of which additional meetings
due notice shall be published for ten days prior thereto in four news-
papers published in the state.

The treasurer shall give bond in such penalty as the board may
prescribe for the faithful performance of the duties of his office,
with security satisfactory to the board, and a reasonable charge for
each security may be paid by the board.

The secretary shall give to each member of the board at least ten
days’ notice, in writing, of the time and place of each meeting.
Three members shall constitute a quorum.

§ 1757. The board shall have authority to transact all business
relating to the legal practice of pharmacy; to examine into all
cases of abuse, fraud, adulteration, substitution or malpractice, and
report all ‘violations of the provisions of this chapter to the com-
monuwealth’s attorney of the county or corporation in which they
occur, who shall investigate and prosecute the same when brought to
his attention.

It shall be the duty of the board to examine all persons applying
for examination in the proper form, and to register such as shall es-
tablish their right to registration, in accordance with the provisions
af this chapter. The secretary shall.kean.a book of registration at
his office, in which shall be entered the names and places of business
of all persons registered by the board as pharmacists or assistant
pharmacists, and the same shall be subject to the inspection of the
public on demand.

The secretary shall give receipts for all moneys received by him,
which moneys shall be forthwith turned over by him to the trea-
surer, and shall be used for the purpose of defraying the expenses or
disbursements of the board, under the provisions of this chapter;
and any surplus in excess of one hundred dollars in the hands of
the treasurer on the last day of February of each year shall be
turned over to the treasurer of the said Virginia pharmaceutical as-
sociation, to be disposed of by it as it may see fit, so long as said
association shall exist.

All expenditures by the board shall be by means of checks drawn
by the treasurer upon warrants approved by the president.

The salaries of the secretary and treasurer shall be fixed by the
board and paid out of the funds in the treasury.

Each member of the board shall receive the sum of five dollars for
every day he is actually engaged in the service of the board, and such
actual and legitimate expenses as may be incurred in going to and
from the place of meeting and remaining thereat during the sessions
of the board.

The board shall have power to make such rules and regulations as
it may find necessary for carrying intoeffect the provisions of this
chapter, not inconsistent with the provisions and spirit of the same,
and with the constitution and laws of the state.

The board shal] make an annual report to the governor of its re-
ceipts and disbursements for the year, and of its proceedings under
and by virtue of the provisions of this chapter.

§ 1758. Every person who desires a certificate of registration asa
registered pharmacist, within the meaning and provisions of this
chapter, shall produce evidence satisfactory to a majority of the
board of his having had not less than four years’ practical experi-
ence in a drug or chemical store or pharmacy where physicians’ pre-
scriptions are compounded, and that he is not less than twenty-one
years of age, and shall pay to the treasurer a fee of five dollars, and
thereupon the board of pharmacy shall examine such applicant
touching his competency and qualification as a pharmacist, and if a
majority of the board be satisfied of such competency and qualifica-
tion, the said board shall register the name and address of such ap-
plicant in the book of registration provided for the purpose, and
shall give him a certificate as a registered pharmacist. The fore-
going provisions of this section shall apply equally to every appli-
cant for registration as assistant pharmacist, except that he shall be
required to produce satisfactory evidence of only two years’ practi-
cal experience, and that he is not less than eighteen years of age,
whereupon, if he passes a satisfactory examination as assistant
pharmacist the said board of pharmacy shall register the name and
address of such applicant in the said book of registration and shal]
give him a certificate as a registered assistant pharmacist.
In case of the failure of any such applicant to pass a satisfactory
exulmluation as pharmacist or as assistant pharmacist, he shall, if
he so desire and demand, be granted a second examination at any
regular meeting of the board, without the payment of any further
fee therefor; but every person registered as assistant pharmacist
shall, before subsequently receiving a certificate as full registered
pharmacist, or entering upon his duties as such, within the meaning
of this act, subject himself to another examination by the said board
of pharmacy, which examination shall be the same as if no certifi-
cate as registered assistant pharmacist had been granted him, and
no additional fee shall be charged such registered assistant pharma-
cist for such examination as registered pharmacist.

§ 1759. 1t shall not be lawful for any person not a registered
pharmacist to open or control as proprietor or manager any retail
drug or chemical store, or pharmaceutical department, in this state,
unless he shal! have in his employ and place in charge of such store
or pharmacy, or in the pharmaceutical department thereof, a regis-
tered pharmacist within the meaning of this chapter, who shall have
the supervision and management of that part of the business requir-
ing pharmaceutical skill and knowledge.

And it shall not be lawful for any person to engage in the busi-
ness or occupation of compounding or dispensing medicines on pre-
scriptions of physicians, or otherwise, or of selling at retail any
drugs, chemicals, poisons, medicines or pharmaceutical preparations
within this state, without first obtaining a certificate of registry as
provided in this chapter: provided nothing in this section shall ap-
ply to or in any manner interfere with the regular practice of any
physician or veterinary surgeon, or prevent him from supplying to
his patients such articles as he may deem proper, unless such phy-
sician or veterinary surgeon keep open shop for the dispensing of
such articles, or with the making or vending of patent or proprietary
medicines by any retail dealer in the original packages, or with the
manufacture or the exclusive wholesale business of any dealer: and
provided, further, that in rural districts and in towns having a popu-
lation of fifteen hundred or less, any physician recognized by the
Medical society of Virginia, who has had five years’ experience as a
practicing physician, may act as a pharmacist, without examination,
but subject to such registration and renewal as is provided for in
this act.

§ 1760. A registered assistant pharmacist, within the meaning of this
chapter, shall be a clerk or assistant in a retail drug or chemical store
or pharmaceutical department, who shall have obtained a certificate
as such registered assistant pharmacist from the board of pharmacy
under the provisions of this chapter; and it shall be unlawful for
such registered assistant pharmacist to supervise, manage or take
charge of any pharmacy or retail drug or chemical store or pharma-
ceutical department, except that during the temporary absence of the
registered pharmacist, who is proprietor or manager thereof, he may
act in the place of the said registered pharmacist: provided that said
temporary absence shall not in any one case exceed six consecutive
days, and that the total temporary absence of such proprietor or man-
ager shall not in the aggregate exceed the period of thirty days in any
year; and it shall be unlawful for any registered assistant pharmacist
toengage in the occupation of compounding or dispensing medicines
on prescriptions of physicians or otherwise, or of selling at retail for
medicinal purposes any drugs, chemicals, poisons or pharmaceutical
preparations, except when engaged or employed in a pharmacy or re-
tail drug or chemical store or pharmaceutical department which is
in charge of and is under the supervision and actual management of a
registered pharmacist. No person not registered as pharmacist or
assistant pharmacist shall be allowed by the proprietor or manager
of any retail drug or chemical store or pharmaceutical department
to compound or dispense the prescriptions of physicians, except as
an aid under the supervision of a registered pharmacist or registered
assistant pharmacist, who shall be present in the said pharmacy or
pharmaceutical department at the time.

§ 1761. Any person registered as a pharmacist by any reputable
board of pharmacy, or a graduate of any reputable college of phar-
macy, who shall, during any interval between the meetings of the
board of pharmacy of this state, desire to perform the duties of such
registered pharmacist in this state, shall apply tothe secretary of the
said board for a permit so to do, and the secretary, on the presenta-
tion of satisfactory evidence that the said applicant is a licentiate
of some reputable board of pharmacy, or registered as pharmacist
by such board, or a graduate of some reputable college of pharmacy,
shall issue to him a permit to perform said duties until the next
meeting of the said board, at which time he shall present himself
before said board for examination, and on his failure so to do he shall
thereafter, until such time as he shall pass a satisfactory examina-
tion before said board, only be granted temporary permits to perform
said duties in this state; the total period of said temporary permits
to any one person between any two meetings of the said board shall
not at any one time exceed thirty days in the aggregate. The appli-
cant shall pay to the secretary a fee of ome dollar for each permit
issued. , ,

§ 1762. Every registered pharmacist and registered assistant phar-
macist who desires to continue the practice of his profession shall
annually, on or before the first day of March, pay to the secretary of
the board of pharmacy a registration fee of one dollar, for which he
shall receive a renewal of said certificate of registration, and every
certificate of registration, and every last renewal thereof, shall, at all
times, be conspicuously exposed in the prescription department of
the drug or chemical store to which it applies, or in which the said
person is employed or engaged.

§ 1763. It shall not be lawful for any person having authority to
sell or dispense medicines or poisons to retail any poisons enume-
tated in the following schedules, “A” and “B,” without distinctly
labelling the bottle, box, vessel or paper in which said poison is con-
tained, 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 two of the most readily obtainable effective antidotes to such
poisonous article. °
Shedule “A.”

Arsenic and its preparations, corrosive sublimate, biniodide of

mercury, cyonide of potassium, hydrocyanic acid, strychnine and its
salts, and essential oil of bitter almonds.

Schedule “ B.”

Aconite, belladonna, nux vomica, savin, ergot, cotton root, cantha-
rides, digitalis, colchicum, conium, henbane, and their pharmaceuti-
cal preparations; creosote, croton oil, chloroform, chloral hydrate,
carbolic acid, oxalic acid, white and red precipitate, morphine and
its preparations, opium and its preparations, except paregoric and
other preparations of opium containing less than two grains to the
ounce, and all other deadly poisons.

Nor shall it be lawful for any person to sell or deliver any poisons
mentioned in the said schedules “A” and “B,” unless upon due in-
quiry it be found that the purchaser is aware of its poisonous nature,
and represents that it is to be used for a legitimate purpose, nor to
any person under sixteen years of age, except upon the written order
of some responsible adult person.

Nor shall it be lawful for any person to sell any poison mentioned
in schedule “A” without, before delivering the same to the purchaser,
causing an entry to ‘be made in a book to be kept for that purpose,
always open to the inspection of the proper officers of the law, stat-
ing the date of sale, name and address of purchaser, name and quan-
tity of poison sold, purpose for which it is required, as represented
by the purchaser and nae of the dispenser.

The provisions of this section shall not apply to the dispensing of
poison in usual doses on prescriptions of physicians or veterinary
surgeons put up by registered pharmacists or registered assistant
pharmacists, or dispensed by a physician or veterinary surgeon in
his regular practice.

§ 1764. No person shall, within this state, manufacture for sale,
offer for sale or sell any drug which is adulterated within the mean-
ing of this section.

The term “drug,” as used in this section, shall include all medi-
cines for internal or external use, antiseptics and cosmetics.

A drug shall be deemed to be adulterated within the meaning of
this section—

(1) If, when sold under or by a name recognized in the United
States Pharmacopeia, it differs from the standard of strength, qual-
ity or purity laid down therein; (2) if, when sold under or by a
name not recognized in the United States Pharmacopeia, but which
is found in some other pharmacopeia or other standard work on
materia medica, it differs materially from the standard of strength,
quality or purity laid down in such work; (38) if its strength, qual-
ity or purity falls below the professed standard under which it is
sold.

Every person manufacturing, offering or exposing for sale,or de-
livering to a purchaser any drug included in the provisions of this
section, shall furnish to the state chemist or other officer of the law,
who shall apply to him for the purpose, and shall tender him the
value of the same, a sample sufficient for the analysis of any such
drug which is in his possession, but the provisions of this section
shall not apply to any retailer selling goods in original packages, or
drawn therefrom, except the provision as to samples for analysis.

§ 1765. None of the provisions of this chapter, except those con-
tained in sections seventeen hundred and six-three and seventeen
hundred and sixty-four, shall prevent the sale by merchants of qui-
nine, epsom salts, castor oil, essence of peppermint and other flavor-
ing preparations, calomel, camphor, iodide, bromide and chlorate of
potassa, opium, paregoric and sweet oil, and such other domestic and
proprietary medicines as are usually kept by retail dealers; but the
gale of laudanum, morphine and proprietary medicines must be in
original packages as obtained from druggists.

§ 1766. Any person violating the provisions of section seventeen
hundred and fifty-nine of this chapter shall be deemed guilty of a
misdemeanor, and, upon conviction thereof, shall be fined not less
than ten nor more than one hundred dollars, and each day that the
said provisions, or any of them, are violated shall constitute a sepa-
rate and distinct offence.

Any registered assistant pharmacist who, in violation of section
seventeen hundred and sixty of this chapter, shall manage, control
or have charge of any pharmacy or retail drug or chemical store or
pharmaceutical department longer than six consecutive days at any
one time, or longer than thirty days in any one year in the aggre-
gate, shall be guilty of a misdemeanor, and, upon conviction thereof,
shall be fined not less than ten nor more than one hundred dollars,
and each day that he remains in management or charge of such
pharmacy or drug or chemical store or pharmaceutical department
in excess of the periods authorized by said section shall constitute
a separate offence; and any registered pharmacist who violates any
of the provisions of section seventeen hundred and sixty shall be
deemed guilty of a misdemeanor, and, upon conviction thereof, shall
be confined not less than ten nor more than one hundred dollars, and
each day’s violation of the said provisions shall constitute a sepa-
rate offence.

Any person owning or managing a pharmacy, retail drug or chemi-
cal store or pharmaceutical department who shall, in violation of the
provisions of section seventeen hundred and sixty, allow any person
not registered as pharmacist or assistant pharmacist to compound
or dispense the prescriptions of physicians, except as an aid unde
the supervision of a registered pharmacist or registered assistant
pharmacist, who shall be present in the said pharmacy or pharma.
ceutical department at the time, shall be deemed guilty of a misde.
meanor, and, upon conviction thereof, shall be fined not less than
ten nor more than one hundred dollars for each and every offence.

Any registered pharmacist or registered assistant pharmacist who
in violation of the provisions of section seventeen hundred and
sixty-two of this chapter, fails to renew his certificate of registratior
and to expose the said certificate and last annual renewal thereof ir
accordance with the provisions of the said section, shall be deemed
guilty of a misdemeanor, and, upon conviction thereof, shall be finec
not less than ten nor more than twenty-five dollars, and each day he
continues to carry on or be engaged in such business without such
renewal and such exposure of said certificate and renewal shal
constitute a separate offence.

Any person violating any of the provisions of section seventeen
hundred and sixty-three shall be deemed guilty of a misdemeanor,
and, upon conviction thereof, shall be fined not less than ten nor
more than one hundred dollars for each and every offence.

Any person violating any of the provisions of section seventeen
hundred and sixty-four, or who refuses to comply upon demand with
the requirements thereof, shal] be deemed guilty of a misdemeanor,
and, upon conviction thereof, shall be punished by a fine of not less
than ten nor more than one hundred dollars, or imprisonment not
exceeding thirty days, or both; and any person found guilty of
violating the provisions of section seventeen hundred and sixty-
four shall be adjudged to pay, in addition to the penalties herein-
before provided for, all necessary cost and expense incurred in in-
specting and analyzing such adulterated articles which said persons
may have been found guilty of manufacturing, selling or offering for
sale; and in addition thereto, if he be a registered pharmacist or regis-
tered assistant pharmacist, his name shall be stricken from the regis-
ter. In‘all prosecutions under this chapter the board of pharmacy of
the state of Virginia shall be constituted the informer, and one-half
the fines imposed by this section shall go to the said board of phar-
macy, and the other half to the commonwealth.

2. All acts and parts of acts in conflict with this act are hereby
repealed.

3. This act shall be in force from and after July first, eighteen
hundred and ninety-four.