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amended by amending sections, two, three, four, five, six, seven, eight, nine, ten, eleven and twelve and by adding thereto twenty-one new sections to be known as sections thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, nineteen, twenty, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight, twenty-nine, thirty, thirty-one, thirty-two and thirty-three, so that said amended sections and said added sections thereto shall read as follows:
Sec. 2. The said board shall, within thirty days after its Organization, appointment, meet and organize, by the election of a president, officers. secretary and treasurer from its own members who shall hold their respective offices for the term of one year, and until their successors are elected and qualified, and shall perform such duties as shall from time to time be prescribed by the board. The secretary and treasurer, before entering upon the Bonds of secretary duties of their respective offices, shall give bond to the people
and treasurer. of the State conditioned for the faithful receipt, disbursement and accounting for, in accordance with this act, of all moneys that may come into their hands as such secretary or such treasurer, in an amount fixed by the board, undersigned by a responsible surety company at the expense of the board, to be at all times under the approval of the Auditor General and the Attorney General, which bond shall be filed in the office of the Secretary of State.
Sec. 3. The secretary of the board shall receive a salary Salary of which shall be fixed by the board, but the same shall in no
secretary and case exceed the sum of nine hundred dollars per annum and the treasurer thereof shall receive an annual salary which shall be fixed by the board, but the same shall in no case exceed the sum of two hundred fifty dollars per annum. They Expenses. shall also respectively receive the amount of their traveling and other expenses incurred in the performance of their respective official duties. The other members of the board shall salaries of mem
bers of board. each receive the sum of five dollars for every day actually engaged in the service of the board, and also all their traveling and other necessary expenses incurred in the performance of their official duties. Said salaries, per diem and expenses shall be paid from the fees received under the provisions of this act. All moneys received in excess of the said per diem Excess moneys, allowances, salaries and all other expenses above provided for, where paid. shall be paid into the State treasury at the close of each fiscal year. All moneys accumulated by the present or former boards Accumulated of pharmacy shall become a credit for said board and if in
disposition of. any year the receipts of said board shall not be equal to its expenses so much of the said accumulated funds paid into the State treasury as aforesaid as shall be necessary to meet the current expenses of the board shall be subject to expenditure by said board as in this act provided. The secretary of Annual report. the said board shall at the close of each fiscal year, make an annual report to the Board of State Auditors and to the Michigan State Pharmaceutical Association of all moneys received by and disbursed by it under the provisions of this act.
State Board SEC. 4. The State Board of Pharmacy shall have the of Pharmacy,
power: powers of. To make by-laws.
To make such by-laws, rules and regulations not inconsistent with the laws of the State, as may be necessary for the protection of the public health and the lawful performance
of its powers; Investigate To investigate all complaints as to quality and strength complaints.
of all drugs and medicines, and to take such action as said board may deem 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; Employ
To employ an attorney to assist in the enforcement of the attorney.
provisions of this act and assist in the prosecution of any
one charged with violating any of its provisions; Employ inspector
To employ an inspector of pharmacies and one other perof pharmacies. son as the said board may deem necessary and shall author
ize at a salary not to exceed one thousand two hundred dol. lars per annum, who, besides, the members of the board, may inspect during business hours all pharmacies, dispensaries, stores or places in which drugs, medicines, and poisons are
compounded, dispensed or retailed; Meetings of, To hold meetings at such places in this State as the board when held.
may determine for the examination of applicants for registration and the transaction of such other business as shall pertain to the duties of the board, five times each year, said meetings to be held on the third Tuesday in the month of January, March, June, August and November, and to hold such special meetings as shall from time to time be deemed necessary by a majority of the board for the due performance
of the duties of the board; Send representa- To send such representation from the membership of the tion to American board to meetings of the American Pharmaceutical AssociaAssociation. tion as a majority of the board may deem expedient and
necessary, if the board, decide that such attendance will assist them in establishing better protection for the public and aid
the board in better performance of its duties; Keep book of To keep a book of registration in which shall be entered registration.
the names and places of business of all persons registered under this act, which book shall also specify such facts as all such persons shall claim to justify their registration. The records of said board or a copy of any part thereof, certified by the secretary to be a true copy, attested by the seal of the
board, shall be accepted as competent evidence in all courts Quorum. of the State. Three members of the said board shall consti
tute a quorum; Examine
To examine all applicants for registration, and to issue two applicants.
grades of certificates, to be known respectively as that of
"Registered Pharmacist” and “Registered Druggist;" Investigate To investigate all alleged violations of the provisions of this violations.
act or any other law of this State regulating the dispensing or sale of drugs, medicines or poisons, or the practice of phar. macy, which may come to its attention and whenever there
appears reasonable cause therefor to bring the same to the attention of the proper prosecuting authorities. Sec. 5. Every registered pharmacist or registered druggist, Druggists to
register annually. who desires to practice his profession shall annually, from and after January one of each and every year, register with and secure a certificate of such registration from the State Board of Pharmacy, and shall pay respectively not to exceed Fec. the sum of one dollar for each registered pharmacist's certificate, and not to exceed one dollar for each registered druggist's certificate, the limit of time for payment of such fees and the amount thereof each year to be in the discretion of said board. Sec. 6. Every person receiving a certificate under this act Certificate to
be displayed. shall keep the same conspicuously exposed in his place of business, and every registered pharmacist or registered druggist shall within ten days after changing his place of business or employment as designated by his certificate, notify the secretary of the board of his new place of business or employment. The board shall preserve and keep a record of all certificates issued by former boards and keep a record of all certificates issued by it, and such records shall at all times be open to inspection, as are other public records.
Sec. 7. Any person who shall, at the time this act takes Expiration effect, lawfully hold a certificate as a registered pharmacist or assistant registered pharmacist, shall be entitled to the privileges granted by such certificate until January one, nineteen hundred six, and no longer, and such persons shall be entitled to reregistration on or before January one, nineteen hundred six, without examination upon payment of the fees herein specified.
Sec. 8. From and after the taking effect of this act, every Pharmacy or place in which drugs, medicines or poisons are retailed or what deemed. dispensed or physicians' prescriptions compounded, shall be deemed a pharmacy or drug store, and the same shall be in charge of and under the supervision of a registered pharmacist, and subject to the provisions of this act. Sec. 9. Any person registered under the provisions of this Morphine, cocaine
etc., how sold. act who shall give, sell, furnish or offer for sale, directly or indirectly any morphine, its salts and its derivatives, cocaine, eucaine or any of their respective salts except to or upon the order of legally practicing physicians, dentists or veterinary surgeons, original prescriptions which shall not be refilled or a copy thereof given to any person, shall be guilty of a misdemeanor, and upon conviction of same shall be punished by a fine or imprisonment, or both as hereinafter provided: Pro- Proviso, as to vided, that the above provisions shall not apply to sales at to retail druggists
, wholesale by jobbers, wholesalers and manufacturers, to retail etc. druggists or legally practicing physicians, or to each other or to druggists and pharmacists, if sold in original packages only, nor to sales at retail by retail druggists to regular practitioners of medicine, dentistry or veterinary medicine, nor
to sales made to manufacturers of proprietary or pharmaceutical preparations for use in the manufacture of such preparations nor to sales to hospitals, colleges, scientific or public institutions, nor to morphine when sold in the pill or tablet
form. Who may be Sec. 10. Except as specified in section seven of this act no granted certificates, as regis
person shall be granted a certificate as a registered druggist, tered druggists. until he shall have made written application to said board
setting forth in an affidavit that he is at least eighteen years of age, and has had not less than two years practical experience in pharmaceutical work where drugs, medicines and poisons were dispensed and retailed and prescriptions compounded, and furnished satisfactory evidence to the board that he has completed the equivalent to tenth grade work in the public schools, and shall have paid such fees as shall have been fixed by the board, not exceeding three dollars, and shall
have passed an examination satisfactory to said board for the Registered drug- granting of such certificate. A registered druggist may be gist may be employed to employed for the purpose of dispensing, compounding or re
tailing drugs, medicines and poisons, in any pharmacy, drug store or place in which drugs, medicines and poisons are compounded or retailed under the management and supervision of a registered pharmacist and during his temporary absence
therefrom. Who may be Sec. 11. Except as specified in section seven of this act, no cate as registered person shall be granted a certificate as a registered pharmacist pharmacist. until he shall have made application to the board, setting
forth by an affidavit that he is at least twenty-one years of age, that he has had at least four years' practical experience in pharmaceutical work in a place where drugs, medicines and poisons were dispensed and retailed and prescriptions compounded, and shall furnish satisfactory evidence to the board that he has completed tenth grade work in the public schools, or its equivalent, and until he has paid such fees as shall be fixed by the board, not exceeding the sum of five dollars, and until he shall have passed an examination satisfactory to said
board for the granting of such certificate. Fees for subse- Sec. 12. In case of failure of an applicant upon his first quent examinations.
application to pass a satisfactory examination before the said board, all subsequent examinations shall be granted upon the payment of three dollars by applicant for registered pharmacist and a fee of two dollars by applicant for registered drug.
gist. Board may grant Sec. 13. The board may in its discretion also grant certifiwithout examina- cates of registration without further examination to the licention,
tiates of such other boards of pharmacy as it may deem proper
upon the payment of a fee of not to exceed fifteen dollars. Restriction as to Sec. 14. It shall be unlawful for any one but a registered use of certain titles, etc.
pharmacist under this act, who shall conform to the rules and regulations of the State Board of Pharmacy to take, use and exhibit the titles "pharmacist," "druggist,” and “phar. macy” and “drug store,” to have charge of, engage in or carry
on for himself or for another, the dispensing, compounding,
practice it shall not be lawful for any person to practice as a registered pharmacist, registered druggist, or advertise himself by sign or otherwise to be such, or to engage in, conduct, carry on, or be employed in the dispensing, compounding or retailing of drugs, medicines or poisons within this State; Provided, This section Proviso as and the preceding section shall not be construed as precluding any person from owning a drug store or pharmacy if all of the pharmaceutical work in the same shall be under the personal supervision and direction of a registered pharmacist.
Sec. 16. Unless otherwise prescribed for, or specified by the Drugs to be of customer, all pharmaceutical preparations, sold or dispensed standard strength in a pharmacy, dispensary, store or place, shall be of the standard strength, quality and purity established by the latest edition of the United States Pharmacopoeia.
Sec. 17. Every proprietor of a wholesale or retail drug Proprietor, store, pharmacy, or other place where drugs, medicines or responsible for chemicals are compounded, dispensed or sold, shall be held responsible for the quality and strength of all drugs, chemicals or medicines sold or dispensed by him, except those articles or preparations known as patent or proprietary medicines. Sec. 18. Nothing in this act shall apply to the practice of Act not to apply
in certain cases. a practitioner of medicine, who is not the proprietor of a store for the dispensing or retailing of drugs, medicines and poisons, or who is not in the employ of such proprietor, and shall not prevent practitioners of medicine from supplying their pa. tients with such articles as they may deem proper, or to the sale of Paris green, white hellebore and other poisons for destroying insects, or any substance for use in the arts, or the manufacture and sale of proprietary medicines, or to the sale by merchants of ammonia, bicarbonate of soda, borax, camphor, castor oil, cream of tartar, dye stuffs, essence of ginger, essence of peppermint, essence of wintergreen, non-poisonous flavoring essence or extracts, glycerine, licorice, olive oil, sal ammoniac, saltpetre, sal soda and sulphur, except as herein provided : Provided, however, That in the several towns of Proviso as to
small towns, this State, where there is no registered pharmacist within five without registered miles, physicians may compound medicines, fill prescriptions, pharmacist. and sell poisons, duly labeling the same as required by this act, and merchants and drug dealers may sell any drugs, medicines, chemicals, essential oils, and tinctures which are put up in bottles, boxes, packages, bearing labels securely affixed, which labels shall bear the name of the pharmacist putting up the same, the dose that may be administered to persons three months, six months, one year, three years, five years, ten years, fifteen and twenty-one years of age, and if a