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and such person in order to again become registered as a licensed pharmacist or assistant pharmacist, shall be required to pay the same fee as in the case of examination.
Sec. 16. The board of pharmacy shall be entitled to charge and collect the following fees: For examination of an applicant for license as a pharmacist, ten dollars; for the examination of an applicant for license as an assistant pharmacist, five dollars; for renewing the license of a pharmacist, one dollar; for renewing the license of an assistant pharmacist, fifty cents; for issuing a permit to an assistant pharmacist to conduct a drug store in villages of not more than five hundred inhabitants, five dollars; in case any applicant fails to pass a satisfactory examination, he shall be permitted to present himself for re-examination at any board meeting within twelve months next succeeding and no charge shall be made for such examination; all fees shall be paid before any applicant is admitted to examination or his name placed upon the register of pharmacists or assistant pharmacists, or before any license or permit, or any renewal thereof, shall be issued by the board.
Sec. 17. Every applicant for registration as a pharmacist or assistant shall present to the board of pharmacy satisfactory evidence that he is a person of good moral character and not addicted to drunkenness or the use of narcotic drugs, and all persons whether registered pharmacists or not shall be held responsible for the quality of all drugs, chemicals and medicines they may sell or dispense, with the exception of those sold in original packages of the manufacturer and those known as “patent medicines.”
Sec. 18. Any person who shall knowingly, adulterate or cause to be adulterated any drugs, chemicals or medicinal preparations, or knowingly sell any adulterated drugs, chemicals or medicinal preparations, shall be deemed guilty of a misdemeanor, and upon conviction thereof, be fined not exceeding one hundred dollars, and if he be a registered pharmacist or assistant pharmacist, his name shall be stricken from the register.
Sec. 19. It shall be unlawful for any person not legally licensed as a pharmacist, unless he has in his employ a registered pharmacist, to take, use, or exhibit the title of pharmacist, or licensed or registered pharmacist, or the title of druggist or apothecary, or any other title or description of like import; and it shall be unlawful for any person not legally licensed as an assistant pharmacist to take, use or exhibit the title of assistant pharmacist, or any other title or description of like import.
Sec. 20. No person, firm or corporation shall dispense or sell at retail any of the poisons enumerated in the following schedule except as hereinafter provided.
Sec. 21. Arsenic and its preparations, corrosive sublimate, red precipitate, biniodide of mercury, cyandide of potassium, hydrocyanic acid, strychnia and essential oil of bitter almonds.
Sec. 22. Aconite, belladonna, colchicum, conium, nux vomica, henbane, savin, ergot, cotton root, cantharides, creosote, digitalis, and their pharmaceutical preparations; croton oil, chloroform, sulphate of zinc, sulphate of copper, asetate of lead, mineral acids carbolic acid and oxalic acid.
Sec. 23. Whenever any of the said poisons are sold, the box, vessel or paper in which the same is put up shall be distinctly labeled with device bearing the death's head and cross bones, and also the name of the article and the word “poison," and the name and place of business of the seller; the seller shall also ascertain upon due inquiry that the purchaser is aware of the poisonous character of the drug and that it is to be used for legitimate and lawful purposes; he shall also before delivering any of the poisons named in schedule “A” to the purchaser, cause an entry to be made in a book kept for that purpose, which entry shall show the date of the sale, the name and residence of the purchaser, the name and quantity of the poison sold, the purpose for which it is to be used as represented by the purchaser, and the name of the dispenser, such book to be always subject to the inspection of the proper authorities and to be preserved for at least five years, from the date of the last entry.
Sec. 24. The provisions of the last four sections shall not apply to the dispensing of drugs in not usual quantities on the prescription of physicians.
Sec. 25. Cocaine, alpha or beta eucaine, opium, morphine, herione, chloral hydrate or any salt or compound of any of the foregoing substances or any preparations or compound containing any of the foregoing substances or their salts or compound, except upon the original written order or prescription of a lawfully authorized practitioner of medicine, dentistry, or veterinary medicine, which order or prescription shall be dated and contain the name of the person for whom prescribed, or if ordered by a practitioner of veterinary medicine, shall state the kind of animal for which ordered, and shall be signed by the person giving the prescription or order; such written order or prescription shall be permanently retained on file by the person, firm or corporation who shall compound or dispense the articles ordered or prescribed, and it shall not be again compounded or dispensed except upon the written order of the original prescriber for each and every subsequent com. pounding or dispensing.
Sec. 26. No copy or duplicate of such written order or prescrip. tion shall be made or delivered to any person, but the original shall at all times be open to inspection by the prescriber and properly authorized officers of the law; provided, however, that the provisions of schedule “C” shall not apply to preparations containing not more than two grains of opium, or not more than two graing of codein, or not more than one-fourth grain of morphine, or more than one-fourth grain heroine, or more than one-eighth grain of cocaine, or not more than one-eighth grain of alpha or beta eucaine, or not more than ten grains of chloral hydrate in one fluid ounce, or if solid preparation in one troy ounce; provided, also, that the provisions of schedule “C” shall not apply to preparations containing opiun and recommended and sold in good faith for diarrhoea and cholera, each bottle or package of which is accompanied by specific directions for use and a caution against habitual use, nor to powder of ipecac and opium, commonly known as Dovers powder, nor to liniments or ointments when plainly labeled “for external use only;"' and provided, further, that the provision of schedule “C” shall not apply to sales at wholesale, by jobbers, wholesalers and manufacturers to retail druggists, to regular prac. titioners of medicine, dentistry or veterinary medicines, nor to sales made to manufacturers of proprietary or pharmaceutical preparations for use in the manufacture of such preparation, nor to sales to hospitals, colleges, scientific or public institutions.
Sec. 27. It shall be unlawful for any practitioner of medicine, dentistry or veterinary medicine to furnish to or prescribe for the
use of any habitual user of the same any cocaine, heroine, alpha or beta eucaine, opium, morphine, chloral hydrate or any salt or compound of any of the foregoing substances or their salts or compounds. And it shall also be unlawful for any practitioner of dentistry to prescribe any of the foregoing substances for any person not under his treatment in the regular practice of his profession, or for any practitioner of veterinary medicine to prescribe any of the foregoing substances for the use of any human being; provided, however, that the provisions of this section shall not be construed to prevent any lawfully authorized practitioner of medicine from furnishing or prescribing in good faith for the use of any habitual user of narcotic drugs, who is under his professional care, such substances as he may deem necessary for his treatment, when such prescriptions are not given or substances furnished for the purpose of evading the provisions of this act. Any person who shall violate any of the provisions of sections twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six and twenty-seven shall be guilty of a misdemeanor; and, upon conviction, for the first offense shall be fined not less than twenty-five dollars nor more than fifty dollars; and upon a conviction for a second offense shall be fined not less than fifty dollars nor more than one hundred dollars; and upon the conviction of a subsequent offense shall be fined not less than one hundred dollars nor more than two hundred dollars and may be imprisoned in the county jail for not more than six months, and, if a licensed pharmacist, physician, dentist or veterinary surgeon, his license shall be revoked. It shall be the duty of all judges of the circuit and criminal courts of this state at every regular term thereof to charge regularly impaneled grand juries to diligently inquire into and investigate all cases of the violations of the provisions of this act, and to make a true presentment of all persons guilty of such violations. It shall be the duty of the board of pharmacy to cause the prosecution of all persons violating the provisions of this act.
Sec. 28. Vor shall this act be construed to authorize any person to carry on the business of druggist without first having obtained a license therefor, or to sell, offer or expose for sale any of the liquors, drinks, mixtures or preparations mentioned in section one of chapter thirty-two of the code of West Virginia, except for medical, mechanical or scientific purposes; and no sale of any such liquors, drinks, mixtures or preparations shall be made by any
druggist or registered pharmacist for medical purposes except upon the written prescription of a practicing physician in good standing in his profession and not of intemperate habits, specifying the name of the person and the quantity of such liquor to be furnished him; but no druggist or registered pharmacist who is a practicing physician shall himself or by his agent or clerk sell any such liquors, drinks, mixtures or preparations upon his own prescription, any person carrying on or in the business of a druggist shall, in violation of this act, sell any such liquors, drinks, mixtures or preparations, he shall be guilty of a misdemeanor and for such offense be fined not less than twenty-five dollars nor nore than one hun. dred dollars. In any prosecutions against persons carrying on or interested in the business of a druggist for selling any such liquors, drinks, mixtures or preparations contrary to law, if the sale be proved it shall be presumed that such sale was unlawful unless the contrary be shown.
Sec. 29. This shall not apply to physicians putting up their own prescriptions, nor to the sale of patent or proprietary medicines, nor to such ordinary drugs or dye-stuff as are usually sold in a country store, but the term “ordinary drugs” shall not be held to include any of the poisons named in schedule “A,” “B” and “C” nor any intoxicating liquors.
Sec. 30. It shall be the duty of the clerk of the court in which, or of the justice of the peace before whom, any conviction is had to transmit forthwith a certified copy of the record entry of such convictions to the board of pharmacy, who shall upon a second conviction revoke his license and strike his name from the register, and it shall be unlawful for such person to practice the business of pharmacy, conduct a drug store, or act as a registered pharmacist or assistant registered pharmacist in this state.
Sec. 31. That 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, chapter one hundred and eighty of the acts of one thousand eight hundred and seventy-two-three, and all other acts and parts of acts inconsistent with this act, be and the same are hereby repealed.