Board may withhold license

When may revoke licenses.

Board to notify person, when

Violations of this act, what considered.

poison, the name or names of the most prominent antidotes; and to the sale by such merchant of copperas, borax, blue vitriol, saltpetre, pepper, sulphur, brimstone, Paris green, liquorice, sage, senna leaves, castor oil, sweet oil, spirits of turpentine, glycerine, glauber salts, epsom salts, cream of tartar, bi-carbonate of soda, sugar of lead and such acids as are used in coloring and tanning, paregoric, essence of peppermint, essence of ginger, essence of cinnamon, hive syrup, syrup of ipecac, tincture of arnica, syrup of tolu, syrup of squills, spirits of camphor, sweet spirits of nitre, quinine, and all other preparations of cinchona bark, tincture of aconite and tincture of iron, or quinine pills, and to the sale of carbolic acid, laudanum, sugar of lead, oxalic acid, duly labeling and registering the same as required by this act; and to the sale of any patent or proprietary medicines.

SEC. 19. The State Board of Pharmacy shall have the power to withhold a license from any applicant whenever it shall be satisfied that the safety of the public health will be endangered by reason of the habits or character of such applicant. If any registered pharmacist or registered druggist shall have obtained a license by misrepresentation, error or fraud, or shall have become unfit or incompetent to practice pharmacy by reason of habitual intemperance, or the use of drugs; or has been convicted of any crime involving moral turpitude; or if any person, holding a certificate as a registered pharmacist or a registered druggist, shall have been convicted of a violation of the pharmacy law in any of the courts of the State, the State Board of Pharmacy shall have the power to revoke or suspend such license or certificate after giving any such person reasonable notice and an opportunity to be heard; and if any person licensed under this act shall wilfully and repeatedly violate any of the provisions of this act, such board may revoke or suspend his license upon sufficient evidence of such violation in addition to any other penalty by the law imposed for such violation.

SEC. 20. Whenever the board shall revoke or suspend the registration of any registered pharmacist or registered druggist it shall notify such registered or licensed person of such action and he shall immediately deliver to the board or its representative his certificate or license of registration.

SEC. 21. Any person who shall attempt to procure, or who shall procure a certificate or registration for himself, or for any other person, under this act by making or causing to be made any false representations; any licensed pharmacist who shall permit the compounding and dispensing of prescriptions of medical practitioners in his store or place of business by any person or persons not licensed or registered under the provisions of this act; any person not licensed by said board who shall prepare or dispense a medical prescription or physi cian's prescription or dispense, give or sell at retail poisons or medicines, except under the immediate supervision of a duly licensed pharmacist whose certificate, license or registration

is displayed in the place where the same is furnished, prepared, dispensed or sold; any person not licensed by said board, who shall open, conduct or have charge of any pharmacy or drug store which is not under the direct supervision of a registered pharmacist for retailing, dispensing or compounding medicines or poisons; any person who shall fraudulently represent himself to be licensed; any person who knowingly refuses to permit any member of said board of inspectors of pharmacy employed by said board to enter a pharmacy or drug store for the purpose of lawfully inspecting the same; any person who directly or indirectly prevents or attempts to prevent the lawful inspection of any place in which drugs, medicines or poisons are retailed, or dispensed or physicians' prescriptions compounded; any person whose license or certifi cate of registration has expired or has been duly revoked or suspended by said board, and who refuses to surrender his certificate or license to said board; any person who holds a license or certificate or registration and who fails to display the same as hereinabove provided; or any person who shall violate any of the provisions of this act, in relation to retailing, compounding and dispensing of drugs, medicines and poisons, for which violation no other penalty is hereinbefore imposed, shall, for such offense, be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished in accordance with the terms of the general penal clause of this act as hereinafter set forth.

Misdemeanor.

SEC. 22. Any person licensed under the provisions of this Violations by act who shall knowingly, wilfully or fraudulently falsify or licensed persons. adulterate any drug, medical substance or preparation, authorized or recognized in the United States Pharmacopoeia, or used or intended to be used in medical practice, or shall knowingly or wilfully or fraudulently offer for sale, sell or give away or cause the same to be sold or given away, shall be guilty of a misdemeanor, and on conviction thereof shall be punished as hereinafter prescribed; and all drugs, medical substance, or preparations so falsified or adulterated shall be forfeited to and be destroyed by the Michigan Board of Pharmacy or its duly authorized representative.

be labeled.

SEC. 23. It shall be unlawful for any person or persons Poisons to licensed under the provisions of this act to sell at retail or furnish any of the poisons named in the schedules hereinafter set forth without affixing or causing to be affixed to the bottle, box, vessel or package a label containing the name of the article and the word poison distinctly shown, together with the name and place of business of the seller all printed in red ink, and the name of such poison printed or written thereupon in plain legible characters, except when sold in the original package of the manufacturer, which conform to the requirements for the wholesale dealers, as hereinafter set forth. The Schedules. following are the schedules:

Record of poisons sold,

what to show.

Legitimate use.

Proviso.

Labeling by

wholesale dealers.

Giving of false or fictitious names, a misdemeanor

Sale of liquors.

SCHEDULE "A."

Arsenic, cyanide of potassium, hydrocyanic acid, strychnia, and all poisonous alkaloids and their salts, oil of bitter almonds containing hydrocyanic acid, opium and its preparations, except paregoric and such others as contain less than two grains of opium to the ounce.

SCHEDULE "B."

Aconite, belladonna, cantharides, colchium, conium, cotton root, digitalis, ergot, hellebore, henbane, phytolacca, strophanthus, oil of tansy, veratrum viride and other pharmaceutical preparations, arsenical solutions, carbolic acid, choral hydrate, chloroform, corrosive sublimate, creosote, croton oil, mineral acids, oxalic acid, Paris green, salts of lead, salts of zinc, white hellebore, or any drug, chemical or preparation which, according to standard works on medicine or materia medica, is liable to be destructive to adult human life in quantities of sixty grains or less.

SEC. 24. Every person licensed under the provisions of this act who shall give, sell or dispose of at retail any poisons included under schedule "A" shall before delivering the same, make or cause to be made, an entry in a book to be kept for that purpose, stating the date of sale, the name and address of the purchaser, the name and quantity of the poison, the purpose for which it is represented by the purchaser to be required, and the name of the dispenser, such book to be always open for inspection by the proper authorities, and to be preserved for at least five years after the last entry. Nor shall any such person deliver any such poison without satisfying himself that the purchaser is aware of its poisonous character and that the said poison is to be used for a legitimate purpose: Provided, however, That the foregoing portions of this section shall not apply to the dispensing of medicines or poisons on the physician's prescriptions.

SEC. 25. Wholesale dealers in drugs, medicines, pharmaceutical preparations or chemicals shall affix or cause to be affixed to every bottle, box, parcel or outer enclosure of an original package containg any of the articles enumerated in Schedules "A' and "B" of this act, a suitable label or brand in red ink with the word "poison" upon it.

SEC. 26. The giving a false or fictitious name to the apothecary, druggist or other person from whom such poison was purchased, shall be deemed a misdemeanor, and the person or persons guilty thereof shall, upon conviction thereof, be liable to a fine not exceeding fifty dollars.

SEC. 27. The sale of spirituous, vinous or malt liquors for chemical, scientific, medical, mechanical or sacramental purposes, by druggists and pharmacists, shall be subject to the provisions of this act, and all such liquors sold by druggists or pharmacists shall be, for the purpose of this act, considered

what to show.

as drugs, medicines and for the use of arts only, and the sale of the same shall be subject to the same regulations and requirements as are herein contained relative to the dispensing of drugs, medicines, and poisons and the compounding of prescriptions, and all violations hereof shall be subject to penalties prescribed by the general penal clause of this act. A Record of sales, book shall be kept and all sales of liquors shall be recorded therein giving the purchasers' name, address, quantity and for what purpose it is represented it is furnished, said book to be open for inspection to board of inspectors of pharmacies of this State and to be kept at least one year after date of last sale, except such as is dispensed on physicians' prescriptions. SEC. 28. It shall be the duty of the Michigan Board of Duty of Board, in Pharmacy, upon receiving bona fide information of any viola- case of violations. tion of the provisions of this act, relative to the sale of spirituous, vinous or malt liquors by any pharmacist, druggist or other person, to bring the offense, together with all information relating to the same, to the attention of the prosecut Duty of ing attorney under whose jurisdiction the violation is com- prosecuting mitted, whose duty it shall be to cause an investigation of such alleged violation, and if sufficient evidence be obtained, to cause the prosecution of such pharmacist, druggist or other person, operating under the provisions of this act, under the general liquor law of the State or under the provisions of this act. Upon conviction thereof the person so found guilty shall Penalty. be subject to the penalties contained in the general liquor law, in cases brought under the general liquor law, and subject to the penal clause of this act where action is commenced under the terms of this act.

attorney.

SEC. 29. Every registered pharmacist or registered druggist Exemption dispensing and compounding medicines, shall be exempt and from jury duty. free from all jury duty in the courts of this State.

with practice of

SEC. 30. Nothing in this act shall be construed to interfere Not to interfere with or preclude any legally practicing physician from pre- physicians, scribing, dispensing, compounding, or giving any medicines or poisons to his patients in the regular course of his practice as such physician.

and prosecuting attorney.

SEC. 31. It shall be the duty of this board, upon obtaining Duty of board sufficient evidence of any violation of the provisions of this act, to lay the same before the prosecuting attorney of the county in which such violation shall take place and it shall be the duty of such prosecuting attorney to prosecute the same under this act or other general laws of the State.

SEC. 32. Any person violating any of the provisions of this Penalty for viola act shall be deemed guilty of a misdemeanor, and upon con- tion of this act. viction thereof shall be subject to a fine of not more than one hundred dollars and costs of prosecution, or imprisonment in the county jail for not less than ten days, nor more than ninety days, or both such fine and imprisonment in the discretion of the court.

SEC. 33. All acts and parts of acts in conflict with any of Repealing clause. the provisions of this act are hereby repealed.

Approved June 20, 1905.

JOINT RESOLUTIONS, 1905.

[No. 1.]

JOINT RESOLUTION authorizing the trustees of the First Freewill Baptist Church and Society, of Lansing, to convey certain real estate in the city of Lansing.

WHEREAS, The First Freewill Baptist Church and Society, of Lansing, having decided to change the site of its church edifice, and to sell and dispose of the site heretofore used; now therefore,

Resolved by the Senate and House of Representatives of the State of Michigan, That the trustees of said church and society, their successors and assigns be, and are hereby authorized and empowered to sell and dispose of lot twelve in block one hundred thirty-six, according to the original copy of plat of the town of Michigan, now city of Lansing, recorded in the office of the register of deeds of the county of Ingham, when directed so to do by a vote of said church and society, and on such sale to convey the title to said lot by good and sufficient deed or deeds. This joint resolution is ordered to take immediate effect. Approved March 9, 1905.

[No. 2.]

JOINT RESOLUTION to amend section six of article six of the constitution of the State of Michigan relative to the compensation of the circuit judge in the county of Genesee.

Resolved by the Senate and House of Representatives of the State of Michigan, That the following amendment to the constitution of this State be and the same hereby is proposed, that is to say, that section six of article six of said constitution be amended so as to read as follows:

SEC. 6. The State shall be divided into judicial circuits, in each of which the electors thereof shall elect one circuit judge, who shall hold his office for the term of six years, and until his successor is elected and