Chap. 464.—An ACT to amend and re-enact sections 1662, 1664, 1665, 1670, 1673,
1674, 1678, 1681, 1682, 1683, 1685, and 1687, and to repeal section 1689 of the
Code of Virginia, all of which sections relate to the practice of arae

B 96]
Approved March 21, 1924.

1. Beit enacted by the general assembly of Virginia, That sections
sixteen hundred and sixty-two, sixteen hundred and sixty-four, sixteen
hundred and aixty-five, sixteen hundred and seventy, sixteen hundred
and seventy-three, sixteen hundred and seventy-four, sixteen hundred
and seventy-eight, sixteen hundred and eighty-two, sixteen hundred
and eighty-three, sixteen hundred and eighty-five, and sixteen hundred
and eighty-seven of the Code of Virginia, be amendcd and re-enacted
so as to read as follows:

Section 1662. Definition of terms for purposes of this chapter.—The
word “drug” as used in this chapter, 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.

The word “person,’”’ as used in this chapter, shall be construed to
import both the plural and singular, as the case demands, and shall
include corporations, companies, societies and associations.

The word “pharmacy,” as used in this chapter, shall include every
place (except as hereinafter provided) in which drugs, medicines or
poisons are retailed or dispensed, or are displayed for sale at retail, or
are kept in stock in other than manufacturers’ or wholesalers’ original
packages, or in which physicians’ prescriptions are compounded.

The term ‘original package,” as used in this chapter shall be con-

strued to mean the original carton, case, can, box, bottle, vial or other
receptacle, put up by the manufacturer or wholesaler with his label
attached, making one complete package of the drug article.
»-} The term “patent or proprietary medicines,” as used in this chapter,
shall include only medicines prepared according to a private formula
or a secret process or under a trademark of the manufacturer or owner,
and sold under a trade name in an orginal package on which appear the
disease or diseases for which the medicine is intended to be used and
specific directions for its administration.

Section 1664. When article deemed misbranded.—For the purpose
of this chapter, an article shall be deemed to be misbranded:

First. If it fail to bear a label designating the name of the prepara-
tion, as put up for sale, or drug contained in the package, and in addi-
tion thereto the name and address of the manufacturer, distributor,
wholesaler or retail pharmacist.

Second. 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 mis-
lead the purchaser; or purport to be a foreign product. when it is not so.

Third. 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 quan-
tity 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
contained therein; but nothing in this section shall be so construed as
to require any article recognized in the United States pharmacopoeia‘ or
national formulary to be labeled as to its contents when such article
conforms to the standard as laid down in the United States pharmaco-
poeia, or national formulary, and is labeled and sold or dispensed as such,
or to require medicines dispensed on the prescriptions of lawfully author-
ized practitioners of medicine, dentistry, or veterinary medicine to be
labeled, except as directed by such practitioner.

Section 1665. Act of agent or officer declared act of principal.—For
the purpose of enforcing a civil liability arising in any manner from the
provisions of this chapter, the act, omission or failure of any officer,
agent or other person acting for or employed by any corporation, com-
pany, 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.

Section 1670. Salaries.—The salaries of the secretary and treasurer
shall be fixed by the board. Each member of the board shall be paid
the sum of ten dollars for every day he is actually engaged in the service
of the board, and shall be reimbursed 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.

Section 1673. Examination of applicants for registration ; issuance of
certificates and permits.—The board of pharmacy shall conduct exam-
inations of applicants for registration when so determined by the board,
and not less frequently than once in six months, and may issue two grades
of certificates to be known, respectively, as those of “registered phar-
macist’’ and “registered assistant pharmacist,’’ and permits to physicians
to sell medicines in rural districts and towns of not over one thousand
population.

Section 1674. Registration of pharmacies; registration of pharmacists
and assistant pharmacists; renewal of permits to sell medicines.—The
board of pharmacy shall require and provide for the annual registration
of every pharmacy doing business in this State; the proprietor of every
pharmacy opening for business after the taking effect of this act shall
apply to the board of pharmacy for registration and it shall be unlawful
for the pharmacy to do business until so registered ; the fee for such regis-
tration, whether original or annual, shall be two dollars, and upon pay-
ment thereof the board of pharmacy shall issue permit to applicant en-
titled to receive same.

The board of pharmacy shall also require and provide for the annual
registration of every registered pharmacist and registered assistant phar-
macist engaged in business in the State, and charge and receive the sum
of two dollars for each such registration. All permits of the board of
pharmacy to sell or dispense medicines shall be renewed annually. The
board shall charge and receive the sum of two dollars for each renewal.

Section 1678. Notification to registered person of revocation.—
Whenever the board of pharmacy shall revoke the certificate of any
registered or assistant registered pharmacist, it shall notify the regis-
tered person of such action, and he or she shall immediately deliver to
the board or its representative, his or her certificate of registration.

Section 1681. Supervision of pharmacies; physicians as com-
pounders of medicines; soda fountains—Every pharmacy, as defined in
this chapter, 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 tem-
porary charge, but only with privileges of merchants and retail dealers;
but nothing in this section shall apply to sales of homeopathic medicines
by homeopathic pharmacists nor shall this chapter be construed to inter-
fere with any legally qualified practitioner of medicine, dentistry or
veterinary medicine, who is not the proprietor of a store for the dispens-
ing or retailing of drugs, or who is not in the employ of such a proprietor,
in the compounding 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. In rural districts and in towns having a
population of one thousand or less, any physician or physicians regularly
licensed under the laws of Virginia shall be granted by the board of
‘pharmacy an annual permit to compound and sell medicines, fill pre-
scriptions and sell poisons, duly labelling the same as required by this
‘chapter; and merchants and retaih:dealers may sell the ordinary non-
poisonous domestic remedies in original packages put up by manufac-
turers and wholesale dealers, proprietary medicines; -copperas, cream
tartar, calomel, Paris green, bluestone, carbolic acid,. London purple,
sweet spirits nitre, paregoric, tincture of. iron, and quinine, in original
packages which conform to the requirements of this chapter, and such
other medicines as the board of pharmacy may permit: Nothing m
this chapter shall prevent the sale and dispensing at soda fountains
and by other dealers of granular effervescent and proprietary liquid prep-
‘rations. and beverages claiming curative properties,-and whose com-
position are not in conflict with the provisions of this chapter. The
board of pharmacy shall also permit the sale of all insecticides and poi-
sons used for the destruction of pest 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 chapter.

Section 1682. Compounding or retailing drugs except in compliance
with this chapter unlawful; display of certain signs unlawful.—Except
as prescribed in this chapter it shall be unlawful for any person to prac-
tice as a pharmacist, or assistant pharmacist, or to engage in, carry on,
or be employed in the dispensing, compounding or retailing of drugs,
medicines or poisons within this State; the possession by any person in
any place other than a private home or a place of storage, of a miscel-
laneous stock of bulk pharmaceuticals, drugs, or medicinal preparations
not in original packages shall be prima facie evidence that such person
is practicing pharmacy.

It shall be unlawful for any place of business which is not a pharmacy
as defined in this chapter to have upon it or init as a sign the words,
“pharmacy,” “pharmacist,” ‘drug store,” “druggist,” ‘prescriptions
filled” or any like words indicating that drugs are compounded or sold
or prescriptions filled therein. Each day during which, or a part of
which, such sign is allowed to remain upon or in such place of business
shall constitute a separate offense under this section.

Any person, firm or corporation may own and conduct a pharmacy,
as herein defined, provided the same is conducted and operated under
the personal supervision of a registered pharmacist, but during the
temporary absence of such registered pharmacist, a registered assistant
pharmacist may act in place of the said registered pharmacist.

Nothing in this act contained shall be construed to prohibit or make
unlawful the employment in pharmacies conducted under the personal
supervision of a registered pharmacist, of other than registered and regis-
tered assistant pharmacist for purposes other than the compounding
and sale of drugs, medicines and poisons, or the permitting such em-
ployees to make sales of articles other than drugs, medicines and poisons,
or of patent and proprietary medicines and non-poisonous drugs and
medicines in original packages.

The board of pharmacy may, in its discretion, issue permits to such
pharmacies as may be temporarily not under the supervision of a regis-
tered pharmacist to remain open for business for a period not to exceed
ten days, but such pharmacy may not during such period sell any
poisons, nor compound or dispense physicians’ prescriptions. Phar-
macies desiring such permits must make application to the board of
pharmacy, setting forth the circumstances upon which their applica-
tions are based.

Section 1683. Display of certificate-—Every person practicing as a
registered pharmacist or registered assistant pharmacist, and every
person engaged 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.

Section 1685. Qualifications of pharmacist.—In order to be licensed
as a registered pharmacist within the meaning of this chapter, an appli-
cant shall present to the board satisfactory evidence that he or she is
at least twenty-one years of age, and that he or she is a graduate of a
school of pharmacy approved by the State board of pharmacy.

Section 1687. Fees of applicants.—Every applicant for original
registration as a pharmacist shall pay to the secretary of the board of
pharmacy the sum of twenty-five dollars, and every applicant for original
registration as an assistant pharmacist shall pay the sum of fifteen dol-

2. Section sixteen hundred and eighty-nine of the Code of Virginia
is hereby repealed.

3. All acts and parts of acts inconsistent herewith are, to the ex-
tent of such inconsistency, hereby repealed.