Physician.

CHAPTER NO. 68.

SENATE BILL No. 896.

AN ACT relating to intoxicating liquors, regulating the sale, dispensing, keeping and storing thereof by druggists, regulating the prescription thereof by physicians; providing ways and means for the enforcement of this Act, and fixing the penalties for the violation thereof.

Be it enacted by the General Assembly of the State of Tennessee:

SECTION 1. The word "druggist" as used in this Act, shall be taken to mean and include any person engaged in the business of conducting any wholesale or retail drug or chemical store or in the occupation of compounding or dispensing medicine in pursuance to a prescription of physicians or selling at retail for medicinal purposes any drugs, chemicals, poisons, or pharmaceutical preparations under the laws of this State. The word "physician" as used in this Act shall be taken to mean and include only physicians registered in the State of Tennessee under the provisions of the several Acts regulating the practice of their profession. The word "person" as used in this Act, shall be construed to import the singular or plural as the case demands and shall include firms and corporations. The word "alcohol" as used in this Act, shall be taken to mean and include absolute alcohol, and alcohol which conforms to the United States Pharmacopedia, 190 proof.

SEC. 2. It shall hereafter be unlawful for any person engaged in the sale of drugs to sell, dispense or keep in his possession or store as medicine or beverage or for any other purpose any intoxicating liquor except as hereinafter provided and for the purpose of this Act intoxicating liquor shall be defined as any medicine or beverage containing over one-half of one per cent of alcohol that is not sufficiently medicated so as to prevent its use as beverage or its use for its internal alcoholic effect, pro

vided, that this section shall not apply to medicines containing only a sufficient per centage of alcohol to extract and preserve the medicinal property thereof.

when.

SEC. 3. The provisions of this Act shall not be construed to prevent the sale of alcohol and wine in May be sold, quantities of not less than one quart by wholesale druggists to retail druggists or to physicians to be used by them in their practice, or to bona fide manufacturers and institutions using alcohol and wine for mechanical, scientific, sacramental or pharmaceutical purposes in connection with their business in pursuance of a written order from the purchaser on special order blanks prescribed for that purpose by the Pure Food and Drug Inspector and the AttorneyGeneral of the State, provided, that a register be kept showing in true, complete and correct form each sale, the quantity of alcohol or wine, the date of the sale, the person to whom sold, the address to which delivered, the date and method of delivery and, in a file readily accessible, the original order upon which such delivery was made and all such registers and files shall be open to inspection of all officers charged with the enforcement of this Act, and they shall likewise keep a register which shall show all purchases of alcohol and wine made by them, the amount purchased, the date purchased, and from whom purchased.

Alcohol

sold,

SEC. 4. It shall be unlawful for any person engaged in the drug business to store alcohol for his use in making and compounding medicines, flavoring low. extracts or perfumes, and to sell or dispense alcohol for medicinal purposes only upon the written prescription of a physician in good standing in his profession, and actually engaged in the practice of his profession and not of intemperate habits and not addicted to the use of narcotic drugs. Such prescription shall not be filled when presented more than three days after its date and unless it contains the name of the person for whom prescribed with his correct address, directions for the use of such alcohol, and is duly signed by such physician or when such prescription prescribes more than one pint of alcohol,

Sale-record ol.

provided, that such prescription shall be filled but once only and shall show on its face the purpose for which such alcohol is prescribed.

SEC. 5. Every druggist using or selling alcohol for the purposes prescribed in Section 4 of this Act shall keep a register showing in true, complete and correct form all purchases of such alcohol, the date purchased, from whom purchased, the amount purchased, the date of the receipt thereof, the name of the common carrier or other carrier delivering the same, the disposition of all such alcohol used in the compounding and making of medicines, flavoring extracts and perfumes, including the name and quantity of each article so compounded in detail and the quantity of alcohol used in each together with the date of compounding each such article and the amount of alcohol in stock, and when the sale is for medicinal purposes, he shall enter in such register the date of the sale, the name of the purchaser, his place of residence, stating street and house number, (if there be such,) the quantity of such alcohol and the name of the physician issuing the prescription therefor. Whenever any druggist fills a prescription for alcohol he shall cancel the same by writing across the face thereof, in ink the words "Cancelled" with the date on which it was presented and filed, and shall keep the same on file separate from other prescriptions and such register and all prescriptions shall be open to the inspection of the officer charged with the enforcement of this Act. It shall be unlawful for any druggist to fail to keep such record or to destroy or in any way alter such record or entry therein or any prescription filled or to refuse inspection thereof to any person entitled to such inspection or fail or neglect to cancel any prescription or to refill any prescription or to sell alcohol except on a written prescription of a registered physician. A druggist who has been convicted of the violation of this Act shall not, within two years thereafter sell, alcohol or wine for any purpose; and upon a second conviction for the violation of any provision of this Act, such druggist shall forfeit his license to creare

in the business of a druggist and no other license to engage in the business of a druggist shall issue to him. within two years from the date of his conviction.

Prescriptions,

SEC. 6. It shall be unlawful for any physician to issue a prescription for alcohol except in writing and in triplicate, or in any case, unless he has reason to believe that the person for whom it is issued is in triplicate. actually sick and that the alcohol is required as a medicine, and to a patient to whom he shall personally attend. Every such prescription shall contain the name and address of the physician, the quantity of alcohol prescribed, which shall in no case exceed one pint, the name of the person for whom prescribed, the date on which the prescription is written, and directions for the use of the alcohol so prescribed, and such physician shall keep one copy of all such prescriptions on file for a period of two years and on or before the 8th day of each month he shall mail to the Pure Food and Drug Department of the State one copy of all such prescriptions issued by him during the previous calendar month, and his records and files shall be open to the inspection of all officers charged with the enforcement of this Act. Any physician who has been convicted of a violation of any provision of this Act shall not within two years thereafter prescribe alcohol for any purpose and upon the conviction a second time for the violation of any provision of this Act such physician shall be deprived of his license to practice his profession for a term of two years from the date of his conviction, and it shall be the duty of the Clerk of the Court wherein such physician is convicted a second time to send a copy of the judgment of the Court to the Board of Medical Examiners of this State, who, upon receipt thereof, shall revoke the license of such physician to practice his profession for a period of two years.

SEC. 7. It shall be lawful for retail druggists to store and sell to ordained ministers or to elders of a church having authority from said church, wine for Ministers, eldsacremental purposes, provided that such minister or elder shall make and subscribe to an oath in writing

ers, oath of.

Stock-limit

of.

Violations.

that he is a minister, elder or priest, and that he needs the wine for sacremental purposes, giving his correct address, and that said wine will not be used for any purpose other than sacremental purposes. And it shall be the duty of every druggist selling wine for sacremental purposes to keep the same kind of record of all purchases and sales of wine made by him as he is hereinabove required to keep in the case of purchases and sales of alcohol made by him.

SEC. 8. It shall be unlawful for any druggist to have in his possession at any one time an amount of alcohol or wine, or both combined, which is greater than one per cent of the amount of the stock of merchandise of such druggist last returned for taxation.

SEC. 9. Any person violating any of the provisions of this Act shall be guilty of a misdemeanor, and on conviction thereof, shall for the first offense be punished by a fine of not less than fifty dollars nor more than one hundred dollars, and in the discretion of the court may be confined not more than six months, in the county jail or workhouse; and for the second offense not less than one hundred dollars nor more than five hundred dollars and by imprisonment of not less than three nor more than six months in the county jail.

SEC. 10. The grand juries shall have and exercise inquisitorial power in respect to violations of this Act, and it shall be the duty of the Circuit and Criminal Judges of the State to give the same in charge to them.

SEC. 11. If for any reason any section or part of this Act shall be held to be invalid then that fact shall not invalidate any other part of this Act, but the same shall be enforced without reference to the part so held to be invalid.

SEC. 12. It is hereby made the special duty of the Pure Food and Drug Inspector and his duly appointed assistant inspectors and chemists and of all city, county and State officials whose duty it is to enforce any law or municipal ordinance relating to the sale, dispensing, keeping or storing of intoxicating liquors to specially enforce the provisions of this