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CALIFORNIA LAWS
PAMPHLETS
Contents

1: The general street law of California with anno-
tations, by A member of the California bar. 1886'

S:The general street law of California as aramended
in 188S and in 1891 with annotations, by A
Member of the California bar. 18S1.

3:Pharir.acy law of California, by the California
Beard of Pharmacy. 1907.

4; National and California food and drug :).aw8, by
Lengley & Michaels.

5:2xtract6 f^^om the United States Statutes; the

Constitution of California and the political
and penal codes, by S.F. Board of Election
Commiseioners. 1880.
6:Extracts from the United States Statutes and
from the Constitution of California and the
Registration Act, the poij^itical and penal codei

realtive to elective franchise, registration
of votes and e-ection laws, by S.F. Boa.rd
of Election Commissioners. 1890. •



ition to Pharmacists. Preserve this Pamphlet.

1 3 1223 04552 1060



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PHARMACY LAW OF CALIFORNIA.



N



Law Regulating the Sale of Poisons.

Itinerant Vendor Law.

Law Regulating the Hours of Labor of Pharmacists.

Pure Drugs Law.

List of Official Antidotes.

Circular of Information Regarding Points of Interest
Connected with said Laws.



r



Presented with the compliments of the California State Board of Pharmacy.

San Francisco, Cal.



REGULATING THE PRACTICE OF PNARMACY.



Chapter 406 (Stats. 1905. p. 535), Approved March 20, 1905.
Chapter 423 (Stats. 1907, p. 766), Approved March 21, 1907.

An act to regulate the practice of pharmacy in the State of California,
and to provide a penalty for the violation thereof; and for the
appointment of a board to be known as the California State Board
of Pharmacy.

TJie people of the State of California, represented in Senate and
Assemhly, do enact as follows:

Sectiox 1. From and after the passage of this act it shall be unlaw-
ful for any person to manufacture, compound, sell, or dispense any
drug, poison, medicine or chemical, or to dispense or compound any
prescription of a medical practitioner, unless such person be a reg-
istered pharmacist or a registered assistant pharmacist within the
meaning of this act, except as hereinafter provided. Every store,
dispensary, pharmacy, laboratory or office for the sale, dispensing or
compounding of drugs, medicines or chemicals, or for the dispensing
of prescriptions of medical practitioners, shall be in charge of a
registered pharmacist. A registered assistant pharmacist may be left
in charge of a store, dispensary, pharmacy, laboratory or office for the
sale, dispensing, or compounding of drugs, medicines or chemicals or
for the dispensing of prescriptions of medical practitioners only during
the temporary absence of the registered pharmacist. Temporary
absence within the meaning of this act shall be held to be only those
unavoidable absences which may occur during a day's work, and when
the registered pharmacist in charge shall be within immediate call,
ready and able to assume the direct supervision of said pharmacy. No
registered assistant shall conduct a pharmacy. Every store or shop
where drugs, medicines or chemicals are dispensed or sold at retail, or
displayed for sale at retail, or where prescriptions are compounded,
which has upon it or in it as a sign, the words "pharmacist," ''pharma-
ceutical chemist," "apothecary," "druggist," "pharmacy," "drug
store," "drugs" or any of these words, or the characteristic show-
bottles or globes, either colored or filled with colored liquids, shall be
deemed a "pharmacy" within the meaning of this act.

Sec. 2. Am^ person in order to be a registered pharmacist must be
a licentiate in pharmacy, or a practicing pharmacist.

Sec. 3. Licentiates in pharmacy are persons who have had five
years' experience in stores where the prescriptions of medical prac-
titioners are compounded, and shall have passed an examination before
the State Board of Pharmacv'. or who shall present satisfactory evidence
to the said board that they have had twenty years' actual experience



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in the practice of pharmacy ; provided, that graduates from a reputable
college of pharmacy may be registered after eighteen years of like
experience. Practicing pharmacists are persons who, at the passage
of this act, are registered as such, and who shall have on or before the
first day of January next succeeding the passage of this act paid to
the Board of Pharmacy of this State all moneys due for renewal of
registration as required by the acts of the Legislature regulating the
practice of pharmacy in the State of California, approved March 11,
1891, and March 15, 1901.

Sec. 4. Eegistered assistant pharmacists are persons who at the
time of the passage of this act are already registered as such, and who
shall have on or before the firs^ day of January next succeeding the
passage of this act paid to the Board of Pharmacy of this State all
moneys due for renewal of registration as required by the acts of the
Legislature regulating the practice of pharmacy in the State of Cali-
fornia, approved March 11, 1891, and March 15, 1901 ; provided, that
no person shall be examined or registered as a licentiate, unless such
person has had five years' pharmaceutical experience in a pharmacy,
under the supervision of a registered pharmacist; and provided further,
that no person shall be examined or registered as an assistant pharma-
cist from and after the passage of this act unless such person shall be
not less than eighteen years of age and has had not less than three
years' instruction and experience in a pharmacy, under a registered
pharmacist; or has been registered as an apprentice as provided in
Section 15 of this act for not less than three years ; and provided
further, that an applicant for registration as an assistant pharmacist
must first pass a satisfactory examination before the Board of
Pharmacy.

Sec. 5. The Governor shall appoint seven competent registered
pharmacists, residing in different parts of the State, to serve as a Board
of Pharmacy. The members of the board shall, within thirty (30)
days after their appointment, individually take and subscribe before
the County Clerk, in the county in which they individually reside, an
oath faithfully and impartially to discharge the duties prescribed by
this act. They shall hold office for the term of four (4) years, and until
their successors are appointed and have qualified. In case of vacancy
in the Board of Pharmacy the Governor shall fill the same by appoint-
ing a member to serve for the remainder of the term only. The office
of the board shall be located in San Francisco. The board shall
organize by electing a president, secretary and a treasurer. The secre-
tary may or may not be a member of the board, as the board in its
sound discretion shall determine. The secretary and treasurer shall
each give a satisfactory bond running to the Board of Pharmacy in a
sum of not less than two thousand dollars, and such greater sum as the
board may from time to time require for the faithful discharge of their
respective duties.

Sec. 6. It shall be the duty of the secretary to keep a book of regis-
tration open at the city of San Francisco, in which shall be entered
under the supervision of the board the names, titles, qualifications and
places of business of all persons coming under the provisions of this
act. The secretary shall give receipts for all moneys received by him
and pay the same to the treasurer of the board, taking his receipt for



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the same. The treasurer shall disburse the same by order of the board
for necessary expenses, taking- proper vouchers therefor. The balance
of said money, after paying the expenses of the board, he shall pay to
the State Treasurer, who shall keep it in a special fund to be used in
carrying out the provisions of this act. It shall be the duty of the
secretary of the board to erase from the register the name of any
registered pharmacist or assistant pharmacist who has died, or who
in the opinion of the board has forfeited his right under the law to
do business in this State. Besides the duties required by this act. it
shall be the duty of the secretary to perform such other reasonable
duties appertaining to his office as may be required of him by the
Board of Pharmacy. The secretary shall receive such compensation
as may be fixed by the Board of Pharmacy; if he be a meml^er of the
board, then such compensation shall be in addition to his per diem as
a member of said board.

Sec. 7. Four members of the board shall constitute a quorum. They
shall hold a meeting at least once in every four months.



Powers and duties of the hoard.

Subdivision 1. The State Board of Pharmacy shall have power:

(a) To make such by-laws and regulations, not inconsistent with the
laws of this State, as may be necessary for the protection of the public,
appertaining to the practice of pharmacy and the lawful performance
of its duties.

(b) To regulate the practice of pharmacy.

(c) To regulate the sale of poisons.

(d) To regulate the quality of all pharmaceutical preparations and
medicines dispensed or sold in this State, using the United States
Pharmacopoeia or National Formulary as the standard.

(e) To investigate all complaints as to the quality and strength of
all pharmaceutical preparations and medicines, and to take such action
as may be necessary to prevent the sale of such as do not conform to
the standard and tests prescribed in the latest edition of the United
States Pharmacopoeia or National Formulary.

(/■) To employ inspectors of pharmacy and to inspect during business
hours all pharmacies, dispensaries, stores or places in which drugs,
medicines and poisons are compounded, dispensed or retailed, and to
cause the prosecution of all persons whenever there appears to the
board to be reasonable ground for such action.

(g) To examine and register as pharmacists and assistant pharma-
cists all applicants whom it shall deem qualified to be such. All persons
applying for registration, under this act, shall pay the following fees
therefor to the secretary of the Board of Pharmacy: Every applicant
for registration other than that of an apprentice, shall pay a fee of
ten dollars on filing his or her application, which shall be compensa-
tion to the Board of Pharmacy for investigation or examination of the
applicant ; and if the board finds that any applicant for registration on
experience and credentials is entitled to be registered, then he or she
shall pay an additional fee of fifteen dollars upon the i-ssuance of
certificate of such registration ; and any licentiate found by the board
on examination to be entitled to a certificate shall pay the additional



sum of five dollars iipou issuance of certificate ; all applicants for \
examination as assistant if found satisfactory' by the board, shall be
entitled to their certificate without further fee; and provided further
that an applicant for registration on experience and credentials may
at his or her option be examined as a licentiate without further fee
for application.

{h) In the event any person having registered shall have lost his
or her certificate or the same has been destroyed or if he or she desires
renewal of the same, a new certificate may be issued by said board upon
the applicant paying therefor the sum of three dollars; provided
further, that Avhere the original certificate is not lost or destroyed, then
the certificate shall be surrendered before a renewal of same shall be
issued; and provided further, that the board shall have power to require
satisfactory evidence from the applicant of the loss or destruction of
certificate; and provided further, that where the applicant is delinquent
for the annual dues required by this act then he or she shall be required
to pay to said board sufficient fees to cover his delinquency in that
behalf before he or she shall be entitled to a re-issue of the certificate
in this subdivision provided for.

Sec. 8. No member of the board shall teach pharmacy in any of its
branches, unless it be as a teacher in a public capacity and in a college
of pharmacy. The members of the Board of Pharmacy shall each be
paid the sum of eight dollars per diem for every meeting of the board
which they attend, together with their necessary expenses, and mileage
at the rate of five cents per mile for each mile necessarily traveled. All
compensation of members and all other expenses of the board shall be
paid out of the examination and registration fees and fines.

Sec. 9. Every person holding a certificate from said board shall
renew annually their registration with said board ; and every registered
pharmacist, and every assistant registered pharmacist who desires to
retain his registration on the books of the Board of Pharmacy in this
State shall annually, after the expiration of the first year's registration
and on or before the first day of July of each succeeding year, pay to
the secretary of the Board of Pharmacy' a renewal fee. to be fixed by
the board, which shall not exceed two dollars for registered pharmacist
and one dollar for assistant registered pharmacist, in return for which
fee a renewal certificate of registration shall be issued. In case any
person defaults in pa\anent of said fee his or her registration may be
revoked by the Board of Pharmacy on sixty days' notice, in writing
from the secretary, unless within said time the fee is paid, together
with such penalty not exceeding ten dollars, as the board maj' impose.
Upon payment of said fee and penalty the board must reinstate the
delinquent's registration. No person having received, or who may
hereafter receive a certificate of registration as a pharmacist or assistant
pharmacist, shall engage in business as pharmacist or assistant pharma-
cist, in any county of this State in which he or she shall locate, or into
which he or she shall afterwards remove, until he or she shall have had
such certificate recorded in the office of the county clerk of such connty,
and it is hereby made the duty of the county clerk to record such
certificate in a book to be pro\aded and kept for that purpose, and the
county clerk is authorized to charge a fee of fifty cents for the record-
ing of such certificate — to be paid by the person offering such certificate



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for record. Each pharmacist or assistant pharmacist holding a certifi-
: cate of registration as a pharmacist, or assistant pharmacist, and being
engaged in business as a pharmacist, or assistant pharmacist, shall have
such certificate recorded, as is in this section provided, within. thirty
days after the taking effect of this act. The record of the certificate
required by this section, or a certified copy thereof, shall be evidence in
all courts that the person holding it.'^^s registered as evidenced by said
certificate on the date of the same. Any registered pharmacist or
assistant registered pharmacist failing to comply with any of the fore-
going provisions shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be fined not less than five dollars nor more
than twenty-five dollars. Upon the certificate being recorded as herein
provided, it shall be the duty of the county clerk to notify the secretary
of the Board of Pharmacy of the name of the party and the date of
such record.

Sec. 10. Every person upon receiving a certificate of registration
under this act, or who has heretofore received a certificate of registra-
tion in this State, shall keep his last receipt for re-registration
conspicuously exposed in his place of business. Every registered
pharmacist, and assistant pharmacist, shall within thirty days after
the changing of his place of business as designated on the books of the
Board of Pharmacy, notify the secretary of the board of his new place
of business, and upon receipt of said notification the secretary shall
make the necessary change in his register.

Sec. 11. Every proprietor or manager of a pharmacy or drug store
shall be held responsible for the quality of all drugs, chemicals and
medicines sold or dispensed by him, except those sold in the original
package of the manufacturer, and except those articles or preparations
known as patent or proprietary medicines. Any person who shall
knowingly, willfully, or fraudulently falsify or adulterate, or cause to
be falsified or adulterated, any drug or medicinal substance, or any
preparation authorized or recognized by the pharmacopoeia of the
United States, or used, or intended to be used in medical practice, or
shall mix, or cause to be mixed, with any such drug or medicinal
substance, any foreign or inert substance whatever, for the purpose
of destroying or weakening its medicinal power and effect, or of lessen-
ing its cost, and shall willfully, knowingly, or fraudulently sell the
same, or cause it to be sold, for medicinal purposes, shall be guilty of
a misdemeanor, and upon conviction thereof shall be punished by a fine
of not less than fifty dollars, and not more than two hundred dollars,
or by imprisonment for not less than fifty days and not more than
two hundred days, or by both such fine and imprisonment. Every
registered pharmacist shall file, or cause to be filed, all physicians'
prescriptions, or a copy thereof, compounded or dispensed in his
pharmacy or store. They shall be preserved for at least two years, and
he shall furnish a correct copy of any prescription, only under the
order or request of the physician writing the same. Any person who
shall willfulh^ violate any of these provisions shall be guilty of a
misdemeanor and upon conviction thereof shall be liable to a fine not
exceeding fifty dollars ; and for each subsequent offense shall be liable
to a fine of not less than fifty dollars, and not more than one hundred
dollars. The State Board of Pharmacy may at any time when in their



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judgment it appears advisable, deputize one of their members, or any-
other competent person, to investigate any suspected violation of any
of the provisions of this act, and if the result of such investigation
seems to the board to justify such action the board shall cause the
prosecution of any person violating any of the provisions of this act.

Sec. 12. Any person who shall attempt to secure, or secures regis-
tration for himself or any other person under this act by making or
causing to be made any false representations, or who shall fraudulently
represent himself to be registered, shall be deemed guilty of a mis-
demeanor, and upon conviction thereof shall be liable to punishment
by a fine not exceeding one hundred dollars, or by imprisonment for a
term not exceeding fifty days, or by both such fine and imprisonment.
Any person who shall permit the compounding of prescriptions of
medical practitioners, or the selling of drugs and medicines, in his or
her store or pharmacy, except under the direct, immediate and personal
supervision of a registered pharmacist, or any person not registered
who shall retail medicine, poisons or chemicals, except in a pharmacy
under the direct, immediate and personal supervision of a registered
pharmacist, or any person violating any of the provisions of this act,
^when no other penalty is provided, shall be deemed guilty of a misde-i
meanor. and upon conviction thereof shall be liable to punishment by|
a fine of not less than twenty dollars, and not more than one hundred!
dollars, or by imprisonment of not exceeding fifty days, or by both
such fine and imprisonment. All fines recoverable under this act shall
be paid by the magistrate receiving the same to the State Board of
Pharmacy. Any person con'S'icted of \iolating the provisions of this
act the third time shall in addition to the penalties hereinbefore men-
tioned have his or her registration as a pharmacist canceled. Nothing'
in this act shall apply to or interfere with any practitioner of medicine
who is duly registered as such by the State Board of Medical Examiners ^
of this State with supplying his own patients, as their physician, and
by them employed as such, with such remedies as he may desire, and
who does not keep a pharmacy, open shop, or drug store, advertised or
otherwise for the retailing of medicines or poisons, nor does this act
apply to the exclusively Avholesale business of any dealer. Nor does
this act apply to registered, trademarked or copyrighted proprietary
medicines, registered in the United States Patent Office nor to the sale
of proprietary medicines, when manufactured under the supervision
of a registered pharmacist in the State of California for which trade-
marks may have been filed with the Secretary of State of California,
by merchants possessing a license issued by the Board of Pharmacy
as described in section sixteen of this act.

Sec. 13. Any proprietor of a pharmacy, who not being a registered
pharmacist, shall fail or neglect to place in charge of such pharmacy
a registered pharmacist, or any such proprietor who shall by himself,
or any other person, permit the compounding of prescriptions, or the
vending of drugs, medicines, or poisons, in his or her store or place
of business, except by or in the presence and under the direct,
immediate and personal supervision of a registered pharmacist, or any
person, not being a registered pharmacist, who shall take charge of or
act as manager of such pharmacy, or store, or who. not being a regis-
tered pharmacist, retails, compoiuids, or dispenses drugs, medicines, or



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poisons, shall be ^'uilty of a misdemeanor, and npon conviction thereof
shall be liable to a fine of not less than twenty dollars, and not more
than one hnndred dollars, or by imprisonment for a term of not
exceeding fifty days, or by both such fine and imprisonment.

Sec. 14. Anj^ member of the Board of Pharmacy or inspector duly
authorized by said board may examine applicants orally or in writing,
and issue a temporary certificate to practice pharmacy which shall
authorize such practice for a period of four months only from its date.
The issuance of such temporary certificate shall not entitle the holder
thereof to a permanent certificate, and no permanent certificate shall
be issued to such holder until he passes a satisfactory examination by
the board. Only one temporary certificate shall ever be issued to the
same applicant, and no temporary certificate shall be granted to any
person whose application has been denied by the board. The member
i or authorized inspector conducting such examination as herein set
forth shall be entitled to charge and receive the sum of three dollars
for such certificate, said moneys to be paid to the secretary of the
Board of Pharmacy.

Sec. 15. It shall be the duty of all registered pharmacists who take
into their employ an apprentice, whose purpose it is to become a
pharmacist, to report to the Board of Pharmacy such facts regarding
his schooling and preliminary qualifications as the Board of Pharmacy'
may require for the purpose of registration as an apprentice. The
Board of Pharmacy shall adopt a standard of qualifications regarding
schooling and preliminary qualifications for all persons desiring to be
registered as apprentices, as provided for in this section. The pharma-
ceutical experience of every apprentice shall, after the passage of this
act, be deemed to begin on the date on which he began the study of
pharmacy, and such date shall be inserted in the certificate of registra-
tion of said apprentice; provided, the preliminary qualifications have
been found satisfactory by the board. Sworn testimony shall be
furnished the board upon which they shall determine the date as
aforesaid. The date so determined and entered as aforesaid shall be
deemed to be the beginning of the applicant's pharmaceutical
experience for the purpose of this act ; provided, that the -students
matriculating and attending any reputable college of pharmacy shall
be registered as apprentices upon such fact being shown. The board
shall keep a register for the registration of apprentices and furnish
upon application proper blanks for this purpose. No apprentice shall
be permitted to sell drugs, medicines, or poisons, or compound prescrip-


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