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CHAPTER 12.

(Senate Bill No. 19.) AN ACT to regulate the practice of pharmacy and the sale of med

icines, drugs and poisons, and to repeal chapter fifty-two of the acts of one thousand eight hundred and eighty-one, chapter one hundred and twelve of the acts of one thousand eight hundred and eighty-two, chapter eighty-two of the acts of one thousand eight hundred and eighty-three, and chapter one hundred and eighty of the acts of one thousand eight hundred and seventy

two and three. [Passed March 1, 1907. In effect ninety days from passage. Approved by the

Governor, March 6, 1907.)

22

24.

Sec.

SEC. 1. Unlawful for any person, not a

18. registered pharmacist or assist

Penalty for the adulteration of

drugs, etc. ant to compound or dispense the

19. Unlawful for person not legally 11prescriptions of physicians; ex

censed as 2.

pharmacist, unless, cept, etc. 3. Board of pharmacy; of whom to

etc., to use title of pharmacist.

20.) consist; qualification; by whom

to Unlawful to sell certain poisons, appointed; term of office; when

except as hereinafter provided. to begin; successors in office;

23. vacancies ;

How box, etc., to be labeled that quorum ; power of

contain poisons; what seller to president and secretary.

ascertain; to cause entry to be 4. Officers; term of office ; secretary

made ; what to show; subject to to give bond; meetings. 5.1 Powers

inspection ; how long preserved. and duties of the

Provisions not applicaple to the 6. S board.

dispensing of drugs in not un. 7. Duty of secretary as to report, to

usual quantities, etc. be made to secretary of state.

25. Prescriptions containing certain 8. Board to make annual report to

substances to be kept on file; governor ; what report to con

not to be compounded or distain.

pensed, except, etc. 9. Salary of secretary and other of

26. ficers; when paid.

Provisions governing prescriptions

delivered to 10. Fees,

persons; original etc., collected ; to whom

prescription at all times to be paid; how compensation and expenses of officers paid.

open to inspection ; by whom.

Unlawful for physicians, etc., to 11. What required of applicant for 11

prescribe certain substances, excense before he can obtain same, 12. Persons now registered to make

cept, etc. ; penalty for violation ; application for renewal of

grand juries to inquire into violi

lations; duty of board of pharcense ; when; duty of board; period for which license issued.

macy as to violations.

28. Act not construed to authorize any 13. Applicants for license in this state who have been registered in oth

person to carry on business of

druggist, without obtaining llc er states. 14. Certificate to be conspicuously ex

cense, or sell liquors, etc., exposed in pharmacy.

cept, etc. ; registered pharmacist

who is 15. Renewal of licenses; when to be

a practicing physician made ; failure to make applica

prohibited from selling liquors, tion : what required.

etc., upon his own prescription ; 16. Fees charged ; if applicant fail in

penalty for violation.

89. When not applicable. examination; when fees to be

Duty of clerk court or justice paid. 17. Evidence to be presented to board

of the peace upon conviction for before applicant can

violations; duty of board of be regis

pharmacy. tered.

81. Inconsistent acts repealed. Be it enacted by the Legislature of West Virginia:

27.

30.

Sec. 1. It shall be unlawful for any person not a registered

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pharmacist within the meaning of this act, who does not employ a registered pharmacist within the meaning of this act, to conduct any pharmacy, drug store, apothecary shop or store for the purpose of retailing, compounding or dispensing medicines or poisons, except as hereinafter provided.

Sec. 2. It shall be unlawful for the proprietor of any store or pharmacy to permit any person except a registered pharmacist or registered assistant pharmacist to compound or dispense the prescriptions of physicians or to retail or dispense the poisons named in schedule “A”, “B”, and “C” herein, except as an aid to and under the supervision of a registered pharmacist or registered assistant pharmacist; provided, that in any village of not more than five hundred inhabitants where there is no person licensed as a pharmacist within less than two miles of such village, the board of pharmacy may grant to any person who is licensed as assistant pharmacist a permit to conduct a drug store or pharmacy in such village, which permit shall not be valid in any other village than the one for which it was granted, and shall cease and determine when the population of the village, for which such permit was granted, shall become greater than five hundred.

Séc. 3. The board of pharmacy shall consist of one voter from each congressional district of this state, licensed as pharmacist and actively engaged in the practice of pharmacy, appointed by the governor by and with the advice and consent of the senate, whose term of office shall begin on the first day of July, one thousand nine hundred and seven, and continue for five years, except that of the first appointments made under this act, one shall serve for one year, one for two years, one for three years, one for four years, and one for five years; and on the expiration of their respective terms the governor shall appoint a successor for the full term of five years; any person appointed in the recess of the senate shall serve until the next meeting of the senate; vacancies shall be filled by appointment by the governor for the unexpired term; a majority of the board shall constitute a quorum for the transaction of business; the president and secretary shall have power to administer oaths in all matters relating to the examination and registration of pharmacists and assistant pharmacists.

Sec. 4. Annually the board shall organize by the election of a president, a vice-president and a secretary, all of whom shall be members of the board, who shall hold their offices for one year and until their successors are elected; the secretary shall give a bond in such sum as may be prescribed by the board, conditioned upon the discharge of the duties of his office according to law; the board shall hold two meetings each year at such times and places as it may provide by rule, for the examination of candidates, and for the discharge of such other business as may legally come before it, and such additional meetings as may be necessary.

Sec. 5. The board shall have a common seal, and shall have power to adopt such rules and by-laws, not inconsistent with law, as may be necessary for the regulation of its proceedings and for the discharge of the duties imposed under this statute; the attorney general, when requested by the president or secretary of the board, shall conduct all prosecutions under this act, and in such prosecutions shall have all the rights and privileges of a prosecuting attorney in any county; the board shall have power to employ an attorney to conduct prosecutions or assist in the conduct of prosecutions under this act.

Sec. 6. The board shall keep a record of its proceedings and a register of all persons to whom certificates of license as pharmacists and assistant pharmacists and permits have been issued, and of all renewals thereof; and the books and register of the board, or a copy of any part thereof certified by the secretary and attested by the seal of the board, shall be accepted as competent evidence in all the courts of the state.

Sec. 7. Within sixty days after this act takes effect, the secretary of the board shall make a report to the secretary of state of all registered pharmacists and registered assistant pharmacists licensed in this state, giving date of license, name of the person, and his residence; on or before the fifteenth day of each month, the secretary of the board shall certify to the secretary of state all changes in said list, required by the addition of new licenses, renewals, deaths, forfeiture of licenses or for other cause, in the preceding month; the secretary of state shall enter in an appropriate book, known as "list of pharmacists," the facts shown by such reports, which reports shall be filed and preserved in his office.

Sec. 8. The board shall make annually to the governor, before the first day of November, a written summary of its proceedings and a statement of its receipts and disbursements, and of all persons licensed to practice as pharmacists and assistant pharmacists in this state.

Sec. 9. The secretary shall receive such salary as may be prescribed by the board, and his necessary expenses while engaged in the performance of his official duties; the other members shall receive five dollars for each day actually employed in the discharge of their official duties, and their necessary expenses while engaged therein; but no money shall be paid to any officer or member under this section until he has made a full itemized statement and attested the same.

Sec. 10. All fees collected by the secretary for the examination of pharmacists and assistant pharmacists, and for the issuing of the permits authorized by this act, and for the renewal of certificates of registration and permits, and all other funds collotted under this act, shall be paid by him into the state treasury monthly, not later than twenty days after the close of each month. The compensation and expenses of the officers and members of the board, and all expense incurred by the board in carrying into execution the provisions of this act, shall be paid out of the money appropriated therefor, upon the warrant of the auditor, issued upon requisition signed by the president and secretary of the board.

Sec. 11. In order to be hereafter licensed as a pharmacist within the meaning of this act, an applicant shall be not less than twentyone years of age, and shall present to the board of pharmacy satisfactory evidence that he has had four years' experinece in pharmacy under the instructions of a licensed pharmacist, and he shall pass a satisfactory examination by or under the direction of the board of pharmacy; in order to be licensed as an assistant pharma'cist, within the meaning of this act, an applicant shall be not less than eighteen years of age, shall have a sufficient preliminary general education, and shall have not less than two years' experience in pharmacy under the instruction of a licensed pharmacist and shall pass a satisfactory examination by or under the direction of the board of pharmacy; provided, however, that in the case of a person who has attended a reputable school or college of pharmacy, the actual time of attending such school or college of pharmacy may be deducted from the time of experience required of pharmacists, but in no case shall less than two years' experience be required for registration as a licensed pharmacist.

Sec. 12. Every person now registered as a pharmacist within this state shall within ninety days after this act takes effect make application to the board of pharmacy for a renewal of such license, and if the board of pharmacy shall find that such applicant has been legally registered within this state, it shall issue to him a renewal of such license, and for such service shall be entitled to charge and collect the sum of one dollar; every license and permit and every renewal thereof issued to registered pharmacists or reg. istered assistant pharmacists, shall be for a period of two years.

Sec. 13. The board of pharmacy may issue license to practice as pharmacists 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 required 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 application, forward to the secretary of the board the same fees as are required of other candidates for license.

Sec. 14. Every certificate or license to practice as pharmacist or assistant pharmacist, and every permit to an assistant pharmacist to conduct a drug store in villages of not more than five hundred inhabitants, and every renewal of such license or permit, shall be conspicuously exposed in the pharmacy or drug store or place of business of which the pharamcist or assistant pharmacist or other person to whom it is issued is the owner or manager, or in w he is employed.

Sec. 15. Every licensed pharmacist or assistant pharmacist who desires to continue in the practice of his profession, shall within thirty days next preceding the expiration of his license or permit, file with the board an application for the renewal thereof, which application shall be accompanied by the fee hereinafter prescribed ; if the board shall find that the applicant has been legally licensed in this state and is entitled to renewal of license, or to a renewal of such permit, it shall issue to him a certificate attesting that fact; if any pharmacist or assistant pharmacist shall fail for a period of ninety days after the expiration of his license, to make application to the board for its renewal, his name shall be erased from the register of licensed pharmacists or assistant pharmacists,

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