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Alexander John Wedderbrun.

A compilation of the pharmacy and drug laws of the several states and territories online

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BULLETIN No. 42



U. S. DEPARTMENT OF AGRICUL-rv R E

DIVISION OF U1IKMISTKY




V



OF THE



PHARMACY AND DRUG LAWS



OF THE



SEVERAL STATES AND TERRITORIES



BY



ALEX. J. WEDDERBURN

SPECIAL AGENT



3PTJBLISHE33 BY ORDER O^ 1 CONGER ESS

(Act approved August 8, 1894.)



WASHINGTON

GOVERNMENT PRINTING OFFICE
1894






LETTER OF TRANSMITTAL.



TJ. S. DEPARTMENT OF AGRICULTURE,
DIVISION OF CHEMISTRY,

Washington, D. C., May 10, 1894.

SIR: I have the honor to present herewith the manuscript of a
report prepared by Mr. A. J. Wedderburn, special agent, embracing a
compilation of the pharmacy and drug laws of the several States and
Territories.

Very respectfully,

H. W. WILEY,

Chief.
Hon. J. STERLINGS MORTON,

Secretary.






LETTER OF SUBMITTAL.



U. S. DEPARTMENT OP i TLTURE,

DIVISION OF CHE%I&TRY,

Washington, J). C., June 14, 1893.

SIR: I have the honor to submit herewith a complete copy of all
pharmaceutical laws now in force in the several States and Territories
and the District of Columbia.

There are no laws on this subject in the following States and Terri-
tories: Idaho, Indiana, Montana, Nevada, Arizona, and the Indian
Territory. The Maryland law relates only to the city of Baltimore.

The thanks of the Department are due to the officers of the various
tate pharmaceutical associations for prompt compliance with
requests for information, and it may not be out of place to add that
these gentlemen, comprising a most important element of our popula-
tion, almost unanimously evince great interest in the work undertaken
by the Department in investigating adulteration, and seem anxious
to see uniform laws enacted to prevent such practices.
Eespectfully,

ALEX. J. WEDDERBURN,

Special Agent.
Dr. H. W. WILEY,

Chemist.



CONTENTS.



Pago

Pharmacy and drug law vf the several States and Territories 7

Alabama \ 7

Arkansas 10

Arizona : . : . 12

California 12

Colorado 16

Connecticut 20

District of Columbia 22

Delaware . 25

Florida 27

Georgia 30

Idaho 34

Illinois 35

Indiana 38

Indian Territory 38

Iowa 38

Kansas 51

Kentucky 55

Louisiana 58

Maine 61

Maryland 62

Massachusetts 64

Montana 64

Michigan , 66

Minnesota 69

Mississippi 75

Missouri 7!)

Montana 82

Nebraska -^Sfc - s -

Nevada 1. 85

New Hampshire 85

New Jersey 86

New Mexico 89

New York , .' 91

North Carolina 95

North Dakota ." 99

Oklahoma 105

Oregon 108

Ohio 110

Pennsylvania 114

Rhode Island 118

South Carolina 121

South Dakota - - - 124

5



Paga



Tennessee 127

Texas 130

Utah 132

Vermont 135

Virginia 135

Washington 138

West Virginia 141

Wisconsin 144

Wyoming 148



PHARMACY AND DRUG LAWS OF THE SEVERAL STATES AND TERRI-
TORIES.



By ALEX. J. WEDDKKBUBN.



ALABAMA.

ALABAMA PHARMACY LAW.

AN ACT to regulate the practice of pharmacy and the sale of poisons in cities and towns of
more than 900 inhabitants in the State of Alabama.

SEC. 1. Be it enacted % the General Assembly of Alabama, That from and after the
passage of this act it shall be unlawful for any person not a registered pharmacist,
within the meaning of this act, to conduct any pharmacy, drug store, apothecary
shop, or store located in any village, town, or city in the State of Alabama of
more than 900 inhabitants, or within two miles of any incorporated city or town of
more than 900 inhabitants, for the purpose of retailing, compounding, or dispensing
medicines or poisons for medical use, except as hereinafter provided.

SEC. 2. Be it further enacted, That it shall be unlawful for the proprietor of any
store or pharmacy in any village, town, or city in the State of Alabama of more than
900 inhabitants, or within two miles of any incorporated city or town of more than
900 inhabitants, to allow any person except a registered pharmacist to compound
or dispense the prescriptions of physicians, or to retail or dispense poisons for
medical use, except as an aid to and under the supervision of a registered pharma-
cist. Any person violating the provisions of this section shall be deemed guilty of
a misdemeanor, and on conviction shall be liable to a fine of not less than $25 nor
more than $100 for each and every offense.

SEC. 3. Be it further enacted, That the governor shall appoint three persons from
among the most prominent pharmacists in the State, all of whom shall have been
residents of the State for fh r e years, and at least five years' practical experience in
their profession, who shall be known and styled " Board of Pharmacy for the State
of Alabama," one of whom shall hold his office for one year, one for two years, and
one for three years, and each until his successor shall be appointed and qualified;
and each year thereafter another commissioner shall be so appointed for three years,
and until a successor is appointed and qualified. If a vacancy occur in said board,
another commissioner shall be appointed as aforesaid to fill the unexpired term
thereof. Said board shall have power to make by-laws and all necessary regu-
lations, and create auxiliary boards, if necessary, for the proper fulfillment of their
duties under this act without expense to the State.

SEC. 4. Be it further enacted, That the board of pharmacy shall register in a suit-
able book the names and places of residence of all persons to whom they issue cer-
tificates, and date thereof. It shall be the duty of said board of pharmacy to
register, without examination, as registered pharmacists, all pharmacists and drug-
gists who are engaged in business in the State of Alabama, at the passage of this
act, as owners or principals of stores or pharmacies in anv village, town, or city of

7



tnore than 900 inhabitants, for selling at retail, compounding or dispensing^ drugs,
medicines, or chemicals for medical uses, or compounding or dispensing physicians'
prescriptions, and all assistant pharmacists eighteen years of age engaged in said
stores or pharmacies in any village, town, or city of more than 900 inhabitants in
the State of Alabama, at the passage of this act, and who have been engaged as
such in some store or pharmacy where physicians' prescriptions were compounded
and dispensed: Provided, however, That in case of failure or neglect on the part of
any person or persons to apply for registration within sixty days after they shall
have been notified by said board of pharmacy for the State of Alabama, they shall
undergo an examination as is provided for in section five of this act.

SEC. 5. Be it further enacted, That the said board of pharmacy shall, upon applica-
tion, and at such time and place and in such manner as they may determine, either
by a schedule of questions to be answered and subscribed to under oath, or orally,
examine each and every person who shall desire to conduct the business of selling
at retail, compounding or dispensing drugs, medicines, or chemicals for medicinal
use, or compounding or dispensing physicians' prescriptions as pharmacists, and if
a. majority of said board shall be satisfied that said person is competent and fully
qualified to conduct said business of compounding or dispensing" drugs, niedieines
or chemicals foifTBediemal use, or to compound or dispense physicians' prescriptions,
they shall enter the name of such person as a registered pharmacist in a book pro-
vided for in section four of this act; and that all graduates of colleges of pharmacy
that require a practical experience in pharmacy of not less than four years before
granting a diploma shall be entitled to have their names registered by said board
without examination : Provided, however, That this act shall not be so construed as to
prevent any physician who is authorized to practice medicine or surgery under the
laws of this State from registering as a pharmacist or druggist, without examina-
tion: Provided, That any person or persons, not a pharmacist or druggist, may open
and conduct such store if he or they keep constantly in their employ a registered
pharmacist or druggist; but shall not himself or themselves sell or dispense drugs
or medicines except proprietary and patent medicines in original packages.

SEC. 6. Be it further enacted, That the board of pharmacy shall be entitled to
demand and receive of each person whom they register, and furnish a certificate as
a registered pharmacist without examination, the sum of $2; and for each and every
person that they examine orally, or whose answers to a schedule of questions are
returned, subscribed to under oath, the sum of $3, which shall be in full for all
services; and in case of examination of said person shall prove defective and unsat-
isfactory, and his name not to be registered, he shall be permitted to present himself
for examination within any period not exceeding twelve months thereafter, and no
charge shall be made for such examination.

SEC. 7. Be it further enacted, That every registered pharmacist, apothecary, and
owner of any store shall be held responsible for the quality of all drugs, chemicals,
or medicines he may sell or dispense, with the exception of those sold in original
packages of the manufacturer and also those known as proprietary ; and should he
knowingly intermingle and fraudulently adulterate or cause to be adulterated such
drugs, chemicals, or medical preparations, he shall be deemed guilty of a misde-
meanor, and upon conviction thereof be liable to a penalty not exceeding $100, and
in addition thereto his name shall be stricken from the register.

SEC. 8. Be it further enacted, That it shall be unlawful for any person, from and
after the passage of this act, to retail any poison enumerated below : Arsenic and its
preparations, corrosive sublimates, white and red precipitate, beuiodide of mercury,
cyanide of potassium, hydrocyanic acid, strychnine, and all poisonous vegetable
alkaloids and their salts, and the essential oil of almonds; opium and its prepara-
tions, except paregoric and other preparations of opium containing less than two
grains to the ounce; aconite, belladonna, colchicum, conium, nux vornica, henbane,
savin, ergot, cotton root, cantharides, creosote, veratrum, digitalis, and their phar-
maceutical preparations j croton oil, chloroform, chloral hydrate, sulphate of zinc,





mineral nrids, carbolic and oxalic acjd.s^ without labeling tlie box, vessel, or paper in
which sa.iif poison is contained with the name of the article, the word poison, and
the name and place of business of the seller. Nor .shall it be lawful for any person
to deliver or sell any poisons enumerated above unless, upon due inquiry, it be found
that the purchaser is aware of its poisonous character and represents that it is to be
used for a legitimate purpose. The provisions of this section shall not apply to the
dispensing of poisons in not unusual quantities or doses upon the prescription of
practitioners of medicine. Any violation of this section shall make the principal of
said store liable to a fine of not less than $10 or more than $100, Provided, however,
That this section shall not apply to manufacturers making and selling at wholesale
any of the above poisons, and provided that each box, vessel, or paper in which said
poison is contained shall be labeled with the name of the article, the word poison,
and the name and place of business of the seller.

SEC. 9. Be it further enacted, That any itinerant vendor of any drug, poison, oint-
ment, or appliance of any Mud intended for treatment of any disease or injury, who
shall, by writing or printing, or any other method, publicly profess to cure or treat
disease or injury or deformity by any drug, nostrum, or manipulation, or other expe-
dient, shall pay a licefrse of -$160 per annum to the State, to be paid in the manner
for obtaining public license, or according to the usual laws in force for that purpose.

SEC. 10. Beit further Enacted, That any person who shall procure or attempt to pro-
cure registration for himself or for another under this act, by making or causing to
be made false representations, shall be deemed guilty of a misdemeanor, and shall,
upon conviction thereof, be liable to a penalty of not less than $25 nor more than $100,
and the name of the person so falsely registered shall be stricken from the register.
Any person not a registered pharmacist as provided for in this act who shall con-
duet such a store, pharmacy, or place for retailing, compounding, or dispensing drugs,
medicines, or chemicals, for medical use, or for compounding or dispensing physi-
cians' prescriptions, or who shall take, use, or exhibit the title of registered phar-
macist, shall be guilty of a misdemeanor, and upon conviction thereof shall be liable
to a penalty of not less than $100.

SEC. 11. This act shall not apply to physicians putting up their own prescriptions.

SEC. 12. Beit further enacted, That it shall be the duty of every registered pharma-
cist to conspicuously post his certificate of registration in his place of business.
Any person who shall fail to comply with all the provisions of this section shall be
liable to a fine of $5 for each calendar month during which he is delinquent.

SEC. 13. The sum of $500 per year, or as much thereof as may be found necessary,
is hereby appropriated, out of the money so received for license, for the expense of
said board of pharmacy. All surplus over and above such amount to be divided as
follows: One-half to the Pharmaceutical Association, the remainder to be paid into
the State treasury.

SEC. 14. All suits for recovery of the several penalties prescribed in this act
shall be presented in the name of the State of Alabama in any court having juris-
diction, and it shall be the duty of the State's attorney of the county wherein such
offense is committed to present all persons violating the provisions of this act upon
proper complaint being made.

SEC. 15. Beit further enacted, That all laws and parts of laws in conflict with the
provisions of this act be, and the same are hereby, repealed.

Approved February 28, 1887.



10

ARKANSAS.

THE ARKANSAS PHARMACY LAW.

A BILL for an act to be entitled an act to establish the Arkansas State Board of Pharmacy, and to
prescribe the powers and duties of said board, and to regulate the compounding and vending of med-
icines, drugs, and poisons in the State of Arkansas, and to provide a penalty for the infringement
of the act.

PREAMBLE.

Whereas in all civilized countries it has been found necessary to regulate the
traffic in medicines and poisons, and to provide by law for the regulation of the del-
icate and responsible business of compounding and dispensing the powerful agents
used in medicines ; and

Whereas the safety and welfare of the public are endangered by the sale of poisons
by unqualified and ignorant persons ; and

Whereas the power of physicians to overcome disease depends greatly upon their
ability to procure good, unadulterated drugs and skillfully prepared medicines; and

Whereas the sophistication and adulteration of drugs and medicines is a specious
fraud which should be prevented and suitably punished : Therefore,

Be it enacted by the General Assembly of the State of Arkansas : SEC. 1. That from
and after the passage of this act it shall be unlawful for any person not a registered
pharmacist, within the meaning of this act, to conduct any drug store, pharmacy or
apothecary shop, or store for the purpose of retailing, compounding, or dispensing
medicines in any city or incorporated town in the State of Arkansas, except as here-
inafter provided, and that it shall be unlawful for the proprietor of such store or
pharmacy to allow any person other than a registered pharmacist to compound or
dispense the prescriptions of physicians, except as an aid to and under the supervi-
sion of a registered pharmacist. Any person violating the provisions of this section
shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be liable
to a fine of not less than five or more than one hundred dollars.

SEC. 2. That within sixty days after the passage of this act the governor shall
appoint five experienced pharmacists, who shall have .been actively engaged in the
drug business for the last five years immediately preceding their appointment, who
shall constitute the Arkansas State Board of Pharmacy, one of whom shall hold his
office for one year, one for two years, one for three years, one for four years, and one
for five years, and each until his successor shall have been appointed and qualified,
which terms shall be decided by lot at the time of organization. And annually there
after the governor shall appoint one member of said board, with qualifications as
above set forth, who shall hold his office for five years and until his successor is
appointed and qualified. In case of a vacancy from death or other cause, the gov-
ernor shall appoint a successor, with qualifications as above set forth.

SEC. 3. That before entering upon the duties of said office, the members of the
said board shall take the oath prescribed by the constitution of the State for State
officers, and shall file the same in the office of the secretary of State, who shall
thereupon issue to each of the said examiners a certificate of appointment.

SEC. 4. That immediately after the appointment and qualification of the board
they shall meet and organize as a State board of pharmacy by electing from their
own number a president and secretary. The board may adopt such by-laws, rules,
and regulations as they may deem necessary to carry into execution the provisions
of this act without expense to the State. A majority of the board shall be a quorum
for the transaction of any business.

SEC. 5. The board of pharmacy shall hold not less than two stated regular meet-
ings per annum for the examination of candidates, one of which may be held at the
time and place of the annual meeting of the Arkansas Association of Pharmacists,
and the other meeting shall be held at such time and place as the board may deter-
mine. Other meetings of the board may also be held whenever and wherever a



11

quorum of the board, including the secretary, is present. In the interim of the
sessions of the board, and upon satisfactory evidence of the fitness of the applicant,
any member of the board may, in his discretion, issue a temporary certificate, which
shall authorize and empower the holder to conduct a drug store or pharmacy, as set
forth in section 1 of this act. Such temporary certificate shall terminate and expire
at the date of the next succeeding regular meeting of the board after the granting
thereof. A fee of $2 shall be demanded for this temporary certificate, which shall
be part payment of the regular examination fee as hereinafter set forth.

SEC. 6. The board of pharmacy shall register in a suitable book the names and
places of residence of all persons to whom they issue certificates, and the dates
thereof. Upon written application, accompanied by such reasonable evidence as the
board may require, it shall be the duty of said board of pharmacy to register, with-
out examination, as registered pharmacists, all druggists and pharmacists who are
engaged in the business in any city or incorporated town in the State of Arkansas
at the passage of this act, either as owners, managers, or clerks of any drug store,
pharmacy, or apothecary shop : Provided, That no druggist's clerk shall be so regis-
tered unless he be 18 years of age and has been engaged for the space of three years
next preceding the passage of this act in some drug store or pharmacy where physi-
cians' prescriptions were compounded.

In case of the failure or neglect of any person to apply for registration within
sixty days after the organization of the board of pharmacy, and publication thereof
in the weekly paper .published in the State of Arkansas whose circulation is the
largest of all the papers so published, such person shall have forfeited the privilege
of being registered as a registered pharmacist as set forth in this section.

SEC. 7. The State board of pharmacy shall, upon application, and at such time
and place, in such manner as they may determine, examine every person who shall
desire to conduct the business described in section 1 of this act in any city or
incorporated town in the State of Arkansas; and if a majority of the members
present at the meeting of the board shall be satisfied that said person is competent
and fully qualified to conduct the said business of compounding and dispensing
drugs, medicines, or chemicals for medical use, the board shall enter the name of
such person as a registered pharmacist in the book provided for in section 6 of this
act : Provided, That all graduates in pharmacy of schools or colleges of pharmacy
that require three years' praclical experience before granting diplomas shall be
entitled to have their names registered as registered pharmacists by the board of
pharmacy without examination. The board of pharmacy shall issue an appropriate
certificate to each person registered, which .certificate must be conspicuously dis-
played in every store described in this act.

SEC. 8. The board of pharmacy shall be entitled to demand and receive from
each person whom they register as a registered pharmacist, without examination,
the sum of $3, and from each and every person whom they examine the sum of $6,
which shall be in full for the registration and the certificate. In case the examina-
tion of said person proves defective and unsatisfactory to the board, and he being
declined registration, he shall have the privilege of reexamination within twelve
months thereafter, without any fee being charged him.

SEC. 9. Any registered pharmacist who shall knowingly, intentionally, and fraudu-
lently adulterate, or cause to be adulterated, any drugs, chemicals, or medical prep-
arations, and offer such adulterations for sale, shall be deemed guilty of a misde-
meanor, and, upon conviction therefor, his license shall thereby be revoked, and,
in addition thereto, he shall be liable to a penalty of not less than $5 nor more than
$100.

SEC. 10. If any person shall procure registration as a registered pharmacist under
this act by making, or causing to be made, false representations, the registration
and certificate thus fraudulently obtained may, in the discretion of the board, be
revoked, and the name of the person so registered stricken from the register : Pro-



12

vided, That the person charged with the fraud be first allowed a hearing by the
board.

SEC. 11. Any person not a registered pharmacist, as provided in this act, who
shall conduct a drug store or pharmacy, or place for compounding or dispensing
drugs, medicines, or chemicals for medicinal use, in any city or incorporated town in
the State of Arkansas, or who shall take, use, or exhibit the title of registered ]jhar-
macist without the same has been regularly conferred on him, as set forth in
sections 6 and 7 of this act, shall be deemed guilty of a misdemeanor, and upon con-
viction therefor [thereof ] be liable to a penalty of not less than $5 nor more than $100 :
Provided, That any person or persons, not a registered pharmacist, may own or con-
duct such a store, if he or they keep constantly in their store a registered pharma-
cist: Provided further, That this act shall not apply to physicians putting up their
own prescriptions, nor to the sale of those articles commonly known as "grocers'
drugs," nor to the sale of patent or proprietary medicines or non-secret medicines.

SEC. 12. If any registered pharmacist shall be convicted by a court of competent
jurisdiction, in this State, of the illegal sale or handling of intoxicating liquors his
certificate as registered pharmacist shall thereupon become null and void, and his
license or authority to engage in the business, as set forth in section 1 of this act,
shall be thereupon revoked.

SEC. 13. If any registered pharmacist shall go out of the drug business and
remain out for a period of twelve months, his certificate as a registered pharmacist
shall thereupon expire.

SEC. 14. All suits for the recovery of the several penalties prescribed in this act
shall be prosecuted in the name of the State of Arkansas, in any court having juris-
diction, and it shall be the duty of the prosecuting attorney of the county where
such offense is committed to prosecute all persons violating the provisions of this



Online LibraryAlexander John WedderbrunA compilation of the pharmacy and drug laws of the several states and territories → online text (page 1 of 25)