CHAPTER 140.
OF PHARMACY.
AN ACT in Relation to the Sale of Drugs and Chemicals in this State, and Providing for a State Board of Pharmacy.
Be it enacted by the Senate and House of Representatives of the State of Delaware, in General Assembly met:
Section 1. It shall be unlawful for any person not licensed as a pharmacist within the meaning of this Act to conduct or manage any pharmacy, drug or chemical store, apothecary shop, or other place of business, for the retailing, compounding or dispensing of any drugs, chemicals or poisons, or for the compounding of physicians' prescriptions, or to keep exposed for sale at retail any drugs, chemicals or poisons, except as hereinafter provided, or for any person not licensed as a pharmacist, or assistant pharmacist, within the meaning of this Act, to compound, dispense, or sell at retail, any drug, chemicals, poison or pharmaceutical preparation upon the prescription of a physician or otherwise, or to compound physicians' prescriptions, except as an aid to or under the supervision of a person licensed as a pharmacist under this Act. And it shall be unlawful for any owner or manager of a pharmacy, or drug store, or other place of business, to cause or permit any other than a person licensed as a pharmacist or assistant pharmacist to compound, dispense or sell, at retail, any drug, medicine or poison, except as an aid to or under the supervision of a person licensed as a pharmacist or assistant pharmacist.
Provided, however, that nothing in this section shall be construed to interfere with any legally registered practitioner of medicine or dentistry in the compounding of his own prescriptions, or to prevent him from supplying to his patients such medicines as he may deem proper, nor with the exclusively wholesale business of any dealer who shall be licensed as a pharmacist, or who shall keep in his employ at least one person who is licensed as a pharmacist, nor with the selling at retail of non-poisonous domestic remedies, nor with the sale of patent or proprietary preparations, nor with the sale of poisonous substances which are sold exclusively for use in the arts, or for use as insecticides, when such substances are sold in unbroken packages bearing a label having
plainly printed upon it the name of the contents and the word poison.
Section 2. Every person now licensed or registered as a pharmacist or qualified assistant under the laws of this State, shall be entitled to continue in the practice of his profession until the expiration of the term for which his certificate of registration or license was issued, when a renewal may be issued as provided in Section 6 of this Act. Every person who shall hereafter desire to be licensed as a pharmacist or assistant pharmacist shall file with the Secretary of the Board of Pharmacy an application, duly verified under oath, setting forth the name and age of the applicant, the place or places at which, and the time spent in the study of the science and art of pharmacy, the experience in the compounding of Physician's prescriptions which the applicant has had under the direction of a legally licensed pharmacist, and shall appear at a time and place designated by the Board of Pharmacy and submit to an examination as to his qualifications for registration as a licensed pharmacist or assistant pharmacist.
Section 3. In order to be licensed as a pharmacist within the meaning of this Act, an applicant shall be not less than twenty-one years of age, and shall have been licensed as an assistant pharmacist for not less than two years prior to his application for license as a pharmacist, and he shall present to the Board satisfactory evidence that he is a graduate of a reputable school or college of pharmacy, or that he has had four years' experience in pharmacy under the instruction of a licensed pharmacist, and he shall also pass a satisfactory examination by or under the direction of the Board of Pharmacy.
In order to be licensed as an assistant pharmacist within the meaning of this Act, an applicant shall be not less than eighteen years of age, shall have a preliminary general education sufficient in the judgment of the Board of Pharmacy, 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 persons who have attended a reputable school or college of pharmacy the actual time of attendance at such school or college of pharmacy may, in the discretion of the Board of Pharmacy, be deducted from the time of experience required of pharmacists and assistant pharmacists, but in no case shall less than two years' experience be required for registration as a licensed pharmacist.
Section 4. If the applicant for license as a pharmacist or assistants assistant pharmacist has complied with all the requirements of the two preceding sections, the Board of Pharmacy shall enroll his name upon the register of pharmacist or assistant pharmacists, and issue to him a license which shall entitle him to practice as pharmacist or assistant pharmacist for a period of three years from the date of the said license. The Board of Pharmacy may refuse to grant a license to any person guilty of felony or gross immorality, or who is addicted to the use of alcoholic liquors or narcotic drugs to such an extent as to render him unfit to practice pharmacy; and the Board of Pharmacy may, after due notice and hearing, revoke a license for like cause, or any license which has been procured by fraud.
An appeal from the action of the Board in refusing to grant or in revoking a license for such cause may be taken to the Governor and Attorney General, the decision of which officers, either affirming or over-ruling the action of the Board, shall be final.
Section 5. The Board of Pharmacy may issue licenses to practice as pharmacists or assistant pharmacists in this State, without examination, to such person as have been legally registered or licensed as pharmacists or assistant pharmacists in other States or foreign countries, 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 or foreign country, and that the standard of competence required in such other State or foreign country is not lower than that required in this State, and provided also that the Board is satisfied that such other State or foreign country 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 of Pharmacy the same fees as are required of other candidates for license.
Section 6. Every certificate of license to practice as pharmacist or assistant pharmacist, and every renewal of such license shall be conspicuously exposed in the pharmacy or drug store or place of business at which the pharmacist or assistant pharmacist or other person to whom it is issued is the owner or manager, or in which he is employed.
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, 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 a renewal of license, it shall issue to him a certificate attesting that fact.
If any pharmacist or assistant pharmacist shall fail, for a period of sixty 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 pharmacist or assistant pharmacist, 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 the original registration. The name of the responsible manager of every pharmacy, drug store or apothecary shop shall be conspicuously displayed upon the outside of such place of business.
Section 7. The Board of Pharmacy shall consist of five persons licensed as pharmacist and actively engaged in the practice of pharmacy within this State, who shall be appointed by the Governor, and who shall hold their office for five years from the date of their appointment, and until their successor shall have been appointed and qualified. Annually the Delaware Pharmaceutical Society shall submit to the Governor the names of five persons licensed as pharmacists, within this State, and from this number the Governor shall appoint one member to fill the vacancy annually occurring in the Board of Pharmacy, and vacancies occurring from any other cause shall be filled in like manner.
The members of the present Board of Pharmacy shall continue in office until the expiration of their respective terms, and the vacancies thus occurring shall be filled as previously designated.
Section 8. Annually the Board of Pharmacy shall organize by the election of a president and secretary, both of whom shall be members of the Board, who shall hold their offices for one year, and until their successors shall have been elected and qualified.
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 four 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.
Section 9. The Board of Pharmacy 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, or any law of this State, and shall have power to employ an attorney to conduct prosecutions or to assist in the conduct of prosecutions under this Act.
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 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, attested by the seal of the Board, shall be accepted as competent evidence in all courts of this State.
The Board of Pharmacy shall make annually to the Governor, and to the Delaware Pharmaceutical Society, a written report of its proceedings, and of its receipts and disbursements under this Act, and of all persons licensed to practice as pharmacist and assistant pharmacist in this State.
A majority of the Board shall constitute a quorum for the transaction of business.
The President and Secretary shall have the power to administer oaths in all matters pertaining to the examination and registration of pharmacist and assistant pharmacist.
Section 10. The Secretary shall receive such salary, not exceeding one hundred and fifty dollars per annum, as may be prescribed by the Board of Pharmacy, and his necessary expenses while engaged in the performance of his official duties. The other members shall receive the sum of five dollars for each day actually employed in the discharge of their official duties, and their necessary expenses while engaged therein, provided that no member shall receive in any event more than three hundred dollars per annum.
All fees collected by the Secretary for the examination of pharmacist and assistant pharmacist, and for the renewal of certificates of registration, and all fines collected under prosecution, begun or cause to be begun by the Board of Pharmacy, and all other funds collected under this Act, shall by him be conveyed into the State Treasury monthly, and shall be placed to the credit of a fund which is hereby appropriated for the use of the Board of Pharmacy.
There is hereby appropriated annually hereafter, from money in the Treasury of this State, the sum of Two hundred and fifty dollars, to be placed to the credit of the Board of Pharmacy, and to be used as herein provided.
The compensation and expenses of the Secretary and members of the Board of Pharmacy, and all expenses incurred by the Board in carrying into execution the provisions of this Act, shall be paid out of said fund upon the warrant signed by the President and Secretary of the Board.
Section 11. Upon receiving information that any provisions of this law has been or is being violated, the Secretary of the Board of Pharmacy shall investigate the matter, and upon probable cause appearing shall, under direction of the Board, file a complaint and prosecute the offender therefor.
It shall be the duty of the Attorney General, upon request of the Secretary, to take charge of and conduct such prosecutions.
All fines assessed and collected under prosecutions begun or caused to be begun under this Act shall be paid to the Secretary, and by him conveyed into the State Treasury monthly, and shall be credited to the fund for the use of the Board of Pharmacy.
Section 12. The Board of Pharmacy shall be entitled to charge and collect the following fees: For the 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, one dollar.
All fees shall be paid before any applicant may be admitted to examination or his name placed upon the register of pharmacist or assistant pharmacist, or before any license, or any renewal thereof, may be issued by the Board.
Section 13. It shall be unlawful for any person in this State to sell or deliver to any minor under sixteen years of age, except upon the written order of an adult, any of the following substances, and it shall likewise be unlawful to sell or deliver to any person any of the following described substances, or any poisonous compound, combination or preparation thereof, to wit: strychnia, arsenic or corrosive sublimate, except in the manner following:
It shall first be learned by due inquiry that the person to whom delivery is made is aware of the poisonous character of the substance, and that it is desired for a lawful purpose, and the box, bottle, or other package shall be plainly labeled with the name of the substance, the word Poison and the name of the person or firm dispensing the substance. And before a delivery shall be made of any of the foregoing substances there shall be recorded in a book kept for the purpose the name of the article, the quantity delivered, the purpose for which it is alleged to be used, the date of delivery, the name and address of the purchaser, and the name of the dispenser, which book shall be preserved for at least five years, and shall at all time be open to inspection by the proper officers of the law.
Provided, however, that the foregoing provisions shall not apply to articles dispensed upon the order of persons believed by the dispenser to be lawfully authorized practitioners of medicine or dentistry; and provided also, that the record of sale and delivery above mentioned shall not be required of manufacturers and wholesalers who shall sell any of the foregoing substances at wholesale, but the box, bottle, or other package containing such substance when sold at wholesale shall be properly labeled with the name of the substance, the word Poison, and the name and address of the manufacturer or wholesaler.
Section 14. Every proprietor or manager of a drug store or pharmacy shall keep in his place of business a suitable book or file, in which shall be preserved for a period of not less than five years the original of every prescription compounded or dispensed at such store or pharmacy, and said book or file of original prescriptions shall at all times be open to inspection by duly authorized officers of the law.
Section 15. It shall be unlawful for any person to sell or offer for sale by peddling, or to offer for sale from house to house, or to offer for sale by public outcry or by vending in the street, any drug, medicine, chemical, or any composition or combination thereof, or any implement or appliance or other agency for the treatment of disease, injury or deformity.
Section 16. It shall be unlawful for any person not legally licensed as a pharmacist, to take, use or exhibit the title of pharmacist, or licensed or registered pharmacist, or the title, 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.
Section 17. All persons licensed under this Act as pharmacist or assistant pharmacist, and actively engaged in the practice of their profession, shall be free and exempt from jury duty in all the courts of the State.
Section 18. Whoever, not being licensed as a pharmacist, shall conduct or manage any drug store, pharmacy, or other place of business for the compounding, dispensing or sale at retail of any drugs, medicines or poisons, or for the compounding of physicians' prescriptions, contrary to the provisions of Section 1 of this Act, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined not less than twenty-five dollars, nor more than one hundred dollars, and each week such drug store or pharmacy, or other place of business is so unlawfully conducted, shall be held so constitute a separate and distinct offense.
Whoever, not being licensed as a pharmacist or assistant pharmacist, shall compound, dispense or sell at retail any drug, medicine, poison or pharmaceutical preparation, either upon a physicians' prescription or otherwise, and whoever being the owner or manager of a drug store, pharmacy, or other place of business, shall cause or permit anyone not licensed as a pharmacist or assistant pharmacist, to dispense, sell at retail, or compound any drug, medicine, poison or physicians' prescriptions contrary to the provisions of Section 1 of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars nor more than one hundred dollars.
Any license or renewal thereof obtained through fraud or by any false or fraudulent representation shall be void and of no effect in law. Any person who shall make any false or fraudulent representation for the purpose of procuring a license, or renewal thereof, either for himself or for another, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than twenty-five dollars nor more than one hundred dollars, and any person who shall willfully make a false affidavit for the purpose of procuring a license, or renewal thereof, either for himself or for another, shall be deemed guilty of perjury, and upon conviction thereof, shall be subject to like punishment as in other cases of perjury.
Whoever, being the holder of any license granted under this Act, shall fail to expose such license, or any renewal thereof, in a conspicuous position in the place of business to which such license relates, or in which the holder thereof is employed, contrary to the provisions of Section 6 of this Act, shall, upon conviction thereof, be fined not less than five dollars, nor more than twenty-five dollars, and each week that such license, or renewal, shall not be exposed, shall be held to constitute a separate and distinct offense. And whoever, being the holder of any license granted under this Act, shall, after the expiration of such license, and without renewing the same, continue to carry on the business for which such license was granted, contrary to the provisions of Section 6 of this Act, shall, upon conviction thereof, be fined not less than five dollars, nor more than twenty-five dollars.
Whoever shall sell or deliver to any person any poisonous substance specified in Section 13 of this Act, without labeling the same and recording the delivery thereof in the manner prescribed in said Section 13, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten dollars, nor more than one hundred dollars.
Whoever shall sell or offer for sale by peddling from house to house, or offer for sale by public outcry or by vending in the street, any drug, medicine, chemical or combination thereof, or any implement or appliance for the treatment of disease, injury or deformity, contrary to the provisions of Section 15 of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty-five dollars, nor more than two hundred dollars.
Whoever, not being legally licensed as a pharmacist, shall take, use, or exhibit the title of pharmacist, licensed or registered pharmacist, druggist, apothecary, or any other title of similar import, contrary to the provisions of Section 16 of this Act, and whoever, not being legally licensed as an assistant pharmacist, shall take, use, or exhibit the title of assistant pharmacist, or any other title of similar import, contrary to the provisions of said Section 16, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than ten dollars, nor more than fifty dollars.
Section 19. All Acts, or parts of Acts, in conflict with this Act, shall be and the same are hereby repealed.
Approved April 9, A. D. 1907.