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As Amended 1897-8, p. 591.

First. All persons who prior to the first day of May, eighteen hundred and ninety-six, are practicing veterinary medicine or surgery in this state: provided, that before the first day of November, eighteen hundred and ninety-six, they shall apply in writing to the state board of veterinary examiners created by this act and furnish satisfactory proof that they have been in practice in this state prior to the first day of May, eighteen hundred and ninety-six. The state board of veterinary examiners shall thereupon issue to such person a certificate without fee allowing them to continue in practice without having to undergo an examination as provided by section seven of this act.

Second. All persons who shall hereafter receive certificates from the state board of veterinary examiners of this state as provided by section seven of this act and who shall also in all other respects have complied with the provisions of the same.

2. All persons who begin the practice of veterinary medicine or surgery in this state on or after the first day of May, eighteen hundred and ninetysix, and all persons who neglect to comply with the requirements of the first clause of section one of this act shall comply with the provisions of section seven before a certificate to practice shall be issued to them.

3. Any person shall be regarded as practicing veterinary medicine or surgery within the meaning of this act who shall profess publicly to be a veterinary surgeon and offers for practice as such or who shall prescribe for sick domestic animals needing medical or surgical aid and shall charge and receive there for money or other compensation, directly or indirectly. But nothing in this act shall apply to residents of this state who confine their practice to the castration, spaying, or dehorning of live stock, nor shall it prevent any one who does not claim to be a veterinarian or veterinary surgeon from prescribing for live stock.

4. There shall be for this state a board of veterinary examiners, consisting of five members, whose term of office shall be four years or until their successors are appointed and qualified. The term of office of the board first appointed after this act takes effect shall commence on the first day of May, eighteen hundred and ninety-six.

5. The said board shall consist of men learned in veterinary medicine and surgery and shall be appointed by the governor on or before the first day of May, eighteen hundred and ninety-six, and every fourth year thereafter, from a list of ten names to be recommended by the Virginia state veterinary medical association every four years. Vacancies occurring in such board for unexpired terms shall be filled by the governor by selection from the five names not appointed from the ten last recommended by the association. Such recommendation shall be by vote of a majority present at some meeting of the said association and shall be certified to the governor by the president and secretary of said association: provided, if said association fail to make such recommendations prior to the time of appointment the governor shall appoint such board, either in whole or in part, without regard to such recommendations. If any of said examiners shall cease to reside in this state his office shall be deemed vacant.

6. The members of said board shall qualify by taking the usual oath of office before the county or corporation court of the county or corporation in which they respectively reside or before the judge of such court in vacation. The officers of said board shall be a president, vice-president, and secretary (who shall also act as treasurer), said officers to be members of and selected by the board. Regular meetings of the board shall be held at such times and places as the board may prescribe, and special meetings may be held upon the call of the president and any two members, but there

shall not be less than one regular meeting each year. Three members of the board shall constitue a quorum. The board may prescribe rules, regulations, and by-laws for its own proceedings and government and for the examination by its members of candidates for the practice of veterinary medicine and surgery.

7. It shall be the duty of said board at any of its meetings to examine all persons making application to them who shall desire to commence the practice of veterinary medicine or surgery in this state and who shall not by the provisions of this act be exempt from such examination, and when an applicant shall have passed an examination satisfactory as to efficiency before the board in session the president thereof shall grant to such applicant a certificate to that effect. A fee of five dollars shall be paid to said board through such officers or members as it may designate by each applicant before such examination is held. In case any applicant shall fail to pass a satisfactory examination he shall not be permitted to stand any further examination within the next six months thereafter or until the next meeting of said board, nor shall he have again to pay the fee prescribed as aforesaid: provided, however, no applicant shall be rejected upon his examination on account of his adherence to any particular school of medicine or system of practice, nor on account of his views as to the method of treatment and cure of disease: and provided, further, that when in the opinion of the president of the board any applicant has been prevented by good cause from appearing before the board the president of the board shall appoint a committee of three members, who shall examine such applicant and may if they see fit grant him a certificate, which shall have the same force and effect as though granted him by the full board.

8. The fund realized from the fees aforesaid shall be applied by the board to the payment of its expenses and to making a reasonable compensation to the president and secretary.

9. The secretary of the state board of veterinary examiners shall record in a book to be kept for such purpose the names of all practitioners of veterinary medicine or surgery in this state to whom certificates are issued allowing them to practice as provided for in this act. Said book shall be styled and recognized as the register of the practitioners of veterinary medicine and surgery in Virginia and it shall be admissible in evidence. Said register shall be accurately kept by the secretary of said board, who shall at any time during business hours allow it to be inspected in his presence by any person interested either at his office or at any meeting of the state board of veterinary examiners. Said secretary shall insert in said register any alteration in the name or address of any registered person which may come to his knowledge, and he shall also record the decease of any registered person as soon as he receives satisfactory proof thereof.

10. Any person who shall practice veterinary medicine or surgery in this state in violation of the provisions of this act shall be fined not less than fifty nor more than five hundred dollars for each offence, and it shall not be lawful for him to recover by action, suit, motion, or warrant any compensation for services which may be claimed to have been rendered by him as such practitioner of veterinary medicine or surgery.

11. This act shall be in force from and after the first day of May, eighteen hundred and ninety-six.

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As Amended 1893-4, p. 715,

As Amended 1893-4, p. 716.

CHAPTER LXXVIII.*

REGULATING THE PRACTICE OF PHARMACY.

Sec. 1756. Board of pharmacy; appointment of members; their terms. The board of pharmacy of the state of Virginia shall be continued: it shall consist of five members, to be appointed by the governor, each for the term of five years; their term of office shall continue to be arranged so that the term of one of them shall expire each year.

The Virginia pharmaceutical association shall annually recommend five registered pharmacists, citizens of the state of Virginia who shall have had not less than ten years' practical experience in pharmacy, from whom the governor shall select and appoint one to fill the vacancy thus annually occurring in the board.

In the event of the failure of the said Virginia pharmaceutical association to make such recommendation the governor shall make the said annual appointment in accordance with the other provisions contained in this section.

In case of the death, resignation, or removal of any member of the board from the state the governor shall from the names submitted to him within one year last past, if such recommendation was made, appoint a pharmacist in accordance with the provisions and restrictions herein, to serve as a member of the board for the unexpired term. Every person appointed a member of the board shall before entering upon the duties of his office take the oath of office in the county or corporation in which he resides or in which the meeting of the board next after his term of office begins shall be held, before some officer authorized to administer an oath, and file the certificate of the said oath with the secretary of the board.

There shall be a president, a secretary, and a treasurer of the board, who shall be selected by the board from its own members, and the offices of secretary and treasurer may be held by the same person.

The president and secretary and treasurer shall hold office for the period of one year from their election and qualification or until their successors are elected and qualified.

The board shall hold an annual meeting on the third Monday of March of each year at the city of Richmond, Virginia, and such other meetings from time to time as the business of the board may require, which said additional meetings shall be held at such times and places as the board may prescribe, of which additional meetings due notice shall be published for ten days prior thereto in four newspapers published in the state.

The treasurer shall give bond in such penalty as the board may prescribe for the faithful performance of the duties of his office with security satisfactory to the board, and a reasonable charge for such security may be paid by the board.

The secretary shall give to each member of the board at least ten days' notice in writing of the time and place of each meeting. Three members shall constitute a quorum.

Sec. 1757. Powers and duties of board; their fees.-The board shall have authority to transact all business relating to the legal practice of phar macy, to examine into all cases of abuse, fraud, adulteration, substitution, or malpractice, and report all violations of the provisions of this chapter to the

*This chapter (78) is entirely reconstructed by the amendments, and the numbers of the sections as given in the code are changed.

commonwealth's attorney of the county or corporation in which they occur, who shall investigate and prosecute the same when brought to his attention.

It shall be the duty of the board to examine all persons applying for examination in the proper form and to register such as shall establish their right to registration in accordance with the provisions of this chapter. The secretary shall keep a book of registration at his office, in which shall be entered the names and places of business of all persons registered by the board as pharmacists or assistant pharmacists, and the same shall be subject to the inspection of the public on demand.

The secretary shall give receipts for all moneys received by him, which moneys shall be forthwith turned over by him to the treasurer, and shall be used for the purpose of defraying the expenses or disbursements of the board under the provisions of this chapter; and any surplus in excess of one hundred dollars in the hands of the treasurer on the last day of February of each year shall be turned over to the treasurer of the said Virginia pharmaceutical association to be disposed of by it as it may see fit so long as said association shall exist.

All expenditures by the board shall be by means of checks drawn by the treasurer upon warrants approved by the president.

The salaries of the secretary and treasurer shall be fixed by the board and paid out of the funds in the treasury.

Each member of the board shall receive the sum of five dollars for every day he is actually engaged in the service of the board and such actual and legitimate expenses as may be incurred in going to and from the place of meeting and remaining thereat during the sessions of the board.

The board shall have power to make such rules and regulations as it may find necessary for carrying into effect the provisions of this chapter not inconsistent with the provisions and spirit of the same and with the constitution and laws of the state.

The board shall make an annual report to the governor of its receipts and disbursements for the year and of its proceedings under and by virtue of the provisions of this chapter.

Sec. 1758. Registration of pharmacists.—Every person who desires a As Amended certificate of registration as a registered pharmacist within the meaning 1893-4, p. 717. and provisions of this chapter shall produce evidence satisfactory to a majority of the board of his having had not less than four years' practical experience in a drug or chemical store or pharmacy where physicians' prescriptions are compounded, and that he is not less that twenty-one years of age, and shall pay to the treasurer a fee of five dollars; and thereupon the board of pharmacy shall examine such applicant touching his competency and qualification as a pharmacist, and if a majority of the board be satisfied of such competency and qualification the said board shall register the name and address of such applicant in the book of registration provided for the purpose and shall give him a certificate as a registered pharmacist. The foregoing provisions of this section shall apply equally to every applicant for registration as assistant pharmacist, except that he shall be required to produce satisfactory evidence of only two years' practical experience and that he is not less than eighteen years of age; whereupon if he passes a satisfactory examination as assistant pharmacist the said board of pharmacy shall register the name and address of such applicant in the said book of registration and shall give him a certificate as a registered assistant pharmacist.

As Amended 1897-8, p. 686. Previous

In case of the failure of any such applicant to pass a satisfactory examination as pharmacist or as assistant pharmacist he shall, if he so desire and demand, be granted a second examination at any regular meeting of the board without the payment of any further fee therefor; but every person registered as assistant pharmacist shall, before subsequently receiving a certificate as full registered pharmacist or entering upon his duties as such within the meaning of this act, subject himself to another examination by the said board of pharmacy, which examination shall be the same as if no certificate as registered assistant pharmacist had been granted him, and no additional fee shall be charged such registered assistant pharmacist for such examination as registered pharmacist.

Sec. 1759. Registered pharmacists only may retail or compound medicines, &c.-It shall not be lawful for any person not a registered Amendment pharmacist to open or control as proprietor or manager any retail drug or 1893-4, p. 718. chemical store or phamaceutical department thereof in this state unless he shall have in his employ and place in charge of such store or pharmacy or in the pharmaceutical department thereof a registered pharmacist within the meaning of this chapter, who shal have the supervision and the management of that part of the business requiring pharmaceutical skill and knowledge. And it shall not be lawful for any person to engage in the business or occupation of compounding or dispensing medicines on prescriptions of physicians or otherwise or of selling at retail any drugs, chemicals, poisons, or pharmaceutical preparations within this state without first obtaining a certificate of registry as provided in this chapter: provided, nothing in this section shall apply to or in any manner interfere with the regular practice of any physician or veterinary surgeon or prevent from supplying to his patients such articles as he may deem proper unless such physician or veterinary surgeon keep open his shop for the dispensing of such articles or with the making or vending of patent or proprietary medicines by any retail dealer in the original packages or with the manufacture or the exclusive wholesale business of any dealer: and provided, further, that in rural districts and in towns having a population of fifteen hundred or less, so long as there is no registered pharmacist in said town, any physician recognized by the medical society of Virginia may act as a pharmacist without examination but subject to such registration and removal as is provided for in this act.

As Amended 1893-4, p. 718.

Sec. 1760. Registered assistant pharmacist.-A registered assistant pharmacist within the meaning of this chapter shall be a clerk or assistant in a retail drug or chemical store or pharmaceutical department who shall have obtained a certificate as such registered assistant pharmacist from the board of pharmacy under the provisions of this chapter; and it shall be unlawful for such registered assistant pharmacist to supervise, manage, or take charge of any pharmacy or retail drug or chemical store or pharmaceutical department except that during the temporary absence of the registered pharmacist, who is proprietor or manager thereof, he may act in the place of the said registered pharmacist: provided, that said temporary absence shall not in any one case exceed six consecutive days and that the total temporary absence of such proprietor or manager shall not in the aggregate exceed the period of thirty days in any year; and it shall be unlawful for any registered assistant pharmacist to engage in the occupation of compounding or dispensing medicines on prescriptions of physicians or otherwise, or of selling at retail for medicinal purposes any drugs, chemicals, poisons, or pharmaceutical preparations except when engaged or employed in a pharmacy or retail drug or chemical store or pharmaceutical depart

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