Chap. 344.—An ACT to amend and re-enact Section 33 of Chapter 94, Acts, 1934,
. approved March 7, 1934, short title of which is ‘““The Alcoholic Beverage Control
Act”, relating to the sale of alcoholic beverages by druggists upon prescriptions,

so as to require physicians to use prescription forms furnished by the Alcoholic
Beverage Control Board; prescribing what such prescriptions shall contain, and
when and. how they shall be filled; prohibiting the storage of certain alcoholic

_ beverages on the premises of any such druggist; prohibiting the solicitation or
purchase of prescriptions by such druggists ; and prescott penalties for any
violation of the provisions of this section. [HB 421]

Appr oved March 31, 1942 |
1. Be it enacted by the General Assembly of Virginia, That section

thirty-three of chapter ninety-four of the Acts of the General Assembly
of nineteen hundred and thirty-four, approved March seventh, nineteen
hundred and thirty-four, of which the short title is “The Alcoholic
Beverage Control Act”, be amended and re-enacted so as to read, as
follows:

Section 33. Sale of alcoholic beverages by druggists upon prescrip-
tions furnished by the board; contents of prescriptions and when and
how filled; storage on premises of druggists; no solicitation or purchase
of prescriptions by druggists; penalties for violation—Except as other-
wise provided in section thirty-two of this act, persons holding druggists’
licenses issued under the provisions of this act shall sell alcoholic bever-
ages only for medicinal purposes and then only upon a prescription
written by a physician upon a form furnished by the Virginia Alcoholic
Beverage Control Board. Upon said form shall be written the date the
prescription is furnished, the name and address of the person for whom
alcoholic beverage is being prescribed, the kind and quantity of alcoholic
beverage prescribed, and the amount of such beverage which the patient
shall use daily. The prescription form shall contain a statement, to be
subscribed by the physician prescribing, certifying that he has, on the
same day the prescription is dated, personally examined the patient for
whom the prescription is written, and is of the opinion that the patient
requires for medicinal purposes the alcoholic beverages prescribed. No
druggist shall fill a prescription which does not conform to the foregoing
requirements. Every prescription, except the printed portion thereof,
shall be wholly written and filled out by a licensed practicing physician
in his own handwriting, in the English language, without abbreviations
or signs, and shall contain the name and address of the physician. The
prescription shall not be filled later than five days from the date on which
the same was issued, the date of issuance being counted as the first day,
and must be filled out in its entirety at the time when presented. The
licensee shall immediately upon filling the prescription mark such pre-
scription with the date on which the same is filled, and, the name of the
brand and quantity used in filling the same. Only original containers in
which such alcoholic beverages are bottled by the manufacturer or
bottler shall be used in the filling of prescriptions, and such containers
shall be delivered with the seals and stamps unbroken and shall not be
opened or the contents consumed in any drug store. No person holding a
druggist license under the Alcoholic Beverage Control Act shall permit
any alcoholic beverage to be stored or remain upon the premises in which
such licensee conducts its business except such alcoholic beverage as it
has for sale under license issued by the Alcoholic Beverage Control
Board. The licensee shall not solicit prescriptions for purchases of alco-
holic beverages nor pay for same.

Any licensee violating any provision of this section, and any physi-
cian certifying falsely to any fact in any prescription herein provided for,
shall be deemed guilty of a misdemeanor, and in addition thereto, if a
licensee, his druggist license may be forthwith revoked by the board for a
period of not less than one year nor more than two years, and if a physi-
cian, the board may refuse to issue to such physician for a period of not
less than twelve months nor more than two years forms upon which
prescriptions for alcoholic beverages may be written.
cus. 344, 345] ACTS OF ASSEMBLY 519

In case either the licensee or physician is convicted in a trial Justice
court or police court, the board shall be promptly notified of such convic-
tion by such court, and if an appeal be taken from the decision of. such
court, the board shall suspend such license or refuse to issue such forms
heretofore mentioned until conviction becomes final or the case against
either is dismissed. The Alcoholic Beverage Control Board is authorized
to make any and all rules and regulations that may be necessary to carry
out the intent of this section, which is that alcoholic beverages be sold
in drug stores only for medicinal purposes.

Each druggist shall preserve, separate from other prescriptions, for
a period of two years from the date filled, all prescriptions for alcoholic
beverages filled by him. Such prescriptions shall at all times be opened
to the inspection of the Board and of any duly authorized agent thereof.