CHAPTER 56
STATE BOARD OF PHARMACY
AN ACT to Amend Chapter 28 of the Revised Code of the State of Delaware in relation to the State Board of Pharmacy.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section One. That Chapter 28 of the Revised Code of the State of Delaware be and the same hereby is amended by repealing Paragraph 864 and inserting in lieu .thereof the following:
864 Section 9. An applicant to be licensed as a Pharmacist shall be not less than twenty-one years of age; and if said applicant shall have been a resident of the State of Delaware for a period of at least five years previous to the date of taking examination, such applicant shall present to the State Board of Pharmacy satisfactory evidence that he has had a sufficient general education, shall have had at least four 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 ; if such applicant shall not have been a resident of this State for the period of at least five years previous to the taking of such examination, he shall present to the Board of Pharmacy satisfactory evidence that he is a graduate of a recognized school or college of pharmacy, and shall also pass a satisfactory examination by or under the direction of the Board of Pharmacy.
An applicant to be licensed as an assistant pharmacist shall be not less than eighteen years of age, shall have a general education sufficient in the judgment of the Board of Pharmacy, 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 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 Two. That Chapter 28 of the Revised Code of the State of Delaware be and the same is hereby amended by adding thereto the following new sections to be styled "875-A Section 21" to "875-A Section 24" inclusive, as follows:
875-A Section 21. Every pharmacy or drug store shall be owned by a licensed pharmacist, and no co-partnership shall own a pharmacy or drug store unless all the partners are licensed pharmacists ; provided, that any corporation organized and existing under the laws of the State of Delaware, or of any other State of the United States, and authorized to do business in the State of Delaware and empowered by its charter to own and conduct pharmacies or drug stores, and, at the time of the passage of this act, still owns and conducts a pharmacy or pharmacies or a drug store or stores in the State of Delaware, may continue to own and conduct the same and may establish and own additional pharmacies or drug stores in accordance with the provisions of this act; but any such corporation which shall not continue to own at least one of the pharmacies or drug stores theretofore owned by it or ceases to be actively engaged in the practice of pharmacy, shall not be permitted thereafter to own a pharmacy or drug store; and provided further, that the provisions of this act shall not apply to any person who is not a registered pharmacist, who, at the time of the passage of this act, owns a pharmacy or drug store.
875A Section 22. Any licensed pharmacist shall have personal supervision of not more than one pharmacy or drug store at the same time.
875A Section 23. Every person, partnership, association or corporation doing business as the proprietor or proprietors of a pharmacy, drug store or other place of business wherein the retailing, compounding or dispensing of any drugs, chemicals or poisons or the compounding of physicians' prescriptions is carried on, shall cause the name of the proprietor or proprietors to be displayed upon a sign conspicuously placed upon the exterior of the premises and this sign shall be presumptive evidence of the ownership of such pharmacy, drug store or other place of business.
875 A. Section 24. Any person, partnership, association or corporation violating the provisions of Section 875A Section 21 to 875A Section 23, inclusive, of this Act, shall be deemed guilty of a misdemeanor, and if a corporation, any officer thereof who knowingly participates in such violation shall also be deemed guilty, and on conviction thereof shall be fined not less than Twenty-five Dollars and not more than One Hundred Dollars, and each day any violation of said Sections of this Act shall continue shall constitute a separate and distinct offense. That jurisdiction of any offense for the violation of Sections 21 to 23 inclusive of this Act, and the right of appeal shall be as provided for in Paragraph 874A Section 19A of this chapter.
Section Three. If any clause, sentence, paragraph or part of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Act but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which such judgment shall have been rendered.
Approved March 30, A. D. 1927.