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Arsenic, cyanide of potassium, hydrocyanic acid, cocaine, morphine, strychnia and all other poisonous vegetable 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 their pharmaceutical preparations, arsenical solutions, carbolic acid, chloral 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. Every person who shall dispose of or sell at retail or furnish any poisons included under schedule A shall, before delivering the same, make or cause to be made an entry in a book kept for that purpose, stating the date of sale, the name and address of the purchaser, the name and the 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. He shall not deliver any of said poisons 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. The foregoing portions of this section shall not apply to the dispensing of medicines or poisons on physicians' prescriptions. 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 containing any of the articles enumerated in schedule A of this act, a suitable label or brand in red ink with the word "poison" upon it. The board of pharmacy shall have authority to add to either of the above schedules, from time to time, whenever it shall deem

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such action necessary for the protection of the public. (Added by

chap. 667 of 1900.)

§ 199. Application of article limited. This article shall notam 1901 apply to the practice of a practitioner or* medicine, who is not the C.648 proprietor of a store for the dispensing or retailing of drugs, medicines, and poisons, or who is not in the employ of such a proprietor, and shall not prevent practitioners of medicine from supplying their patients with such articles as they may deem proper, and except as to the labeling of poisons it shall not apply to the sale of medicines. or poisons at wholesale when not for the use or consumption of the purchaser, or to the sale of paris green, white hellebore and other poisons for destroying insects, or any substance for use in the arts, or to 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 ginger, essence peppermint, essence wintergreen, non-poisonous flavoring essence or extracts, glycerine, licorice, olive oil, sal-ammoniac, salt-petre, sal-soda and sulphur, except as herein provided. Provided, however, that in the several towns of this state outside of incorporated villages, physicians may compound medicines, fill prescriptions, and sell poisons, duly labeling the same as required by this act, and merchants, and retail dealers may sell the ordinary non-poisonous domestic remedies. (Added by chap. 667 of 1900.)

§ 200. Apprentices, employes, et cetera. This article shall not be so construed as to prohibit the employment in licensed pharmacies, or drug stores, of apprentices or assistants for the purpose of being instructed in the practice of pharmacy; but such apprentices or other unlicensed employes or assistants shall not be allowed to prepare or dispense receipts or prescriptions or to sell or furnish medicines or poisons, except in the presence of and under the personal supervision of a licensed pharmacist or licensed druggist, who must either be the proprietor or owner of said pharmacy or drug store or must be in the actual employ of such proprietor or owner, and where violations of this article occur on the part of the said apprentices or other unlicensed employes in any pharmacy or store, the person, partnership, association or corporation, being the proprietor of such pharmacy or drug store, shall be

*So in the original.

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equally liable as principal, for such violation. (Added by chap. 667 of 1900.)

§ 201. Penalties; expenses.- Subdivision 1. The state board of pharmacy shall not grant a license to any applicant if satisfied that the safety of the public health will be endangered by reason of the habits or character of said applicant. If any person shall have obtained a license by misrepresentation or fraud or shall become unfit or incompetent by reason of negligence, habits, or other cause, to practice as a pharmacist, assistant pharmacist or druggist, the state board of pharmacy shall have power to revoke such license after giving such person reasonable notice and an opportunity to be heard and if any licensee shall wilfully and repeatedly violate any of the provisions of this act or the rules and regulations established by the board of pharmacy, such board may revoke his or her license upon sufficient evidence of such violation, in addition to any other punishment by law imposed for such violation.

Subdivision 2. Whenever the board shall revoke the license or registration of any pharmacist or druggist, or apprentice, it shall notify the licensed or registered person of such action and he or she shall immediately deliver to the board or its representative his or her certificate of license or registration.

Subdivision 3. Any person who shall attempt to procure or who shall procure a license or registration for himself, herself, or for any other person, under this title, by making or causing to be made any false representations shall be guilty of a misdemeanor. 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; any person not licensed by said board who shall prepare or dispense a medical prescription or physicians' prescription or dispense or sell at retail poisons or medicines except under the immediate supervision of a duly licensed person, whose certificate, license or registration is displayed in the place where the same is prepared, dispensed or sold; any person not licensed by said board who shall open or conduct or have charge of or supervise any pharmacy or drug store for retailing, dispensing or compounding

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medicines or poisons; any person who shall fraudulently represent himself, or herself to be licensed or any person, who knowingly refuses to permit any member of said board or inspector of pharmacy employed by said board to enter a pharmacy or drug store for the purpose of lawfully inspecting the same or intentionally prevents 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 certificate of registration has been duly revoked by said board and who refuses to deliver up his or her certificate or license to said board; any proprietor whose name does not appear upon the sign as herein above provided, any holder of a license or certificate of registration who fails to display the same as above provided; or any person who shall violate any of the provisions of this title, in relation to the retailing and dispensing of drugs, medicines and poisons, for which violation no other punishment is hereinbefore imposed, shall for such offense be guilty of a misdemeanor.

Subdivision 4. Any person violating any of the provisions of this article, in addition to, or irrespective of the punishment hereinbefore provided, shall forfeit to the state board of pharmacy the sum of twenty-five dollars for every such violation, which may be sued for and recovered in the name of said board and shall be paid to state board of pharmacy for its use, as in this article provided. All fines imposed and collected, under any of the provisions of this article, shall be paid over to the state board of pharmacy.

Subdivision 5. Of the three branches of the state board of pharmacy, each shall collect and receive the amounts due from all sources in its section of the state, and apply the same to the payment of the lawful expenses of such board and the necessary expenses incurred in carrying out the provisions of this act, and of any surplus remaining thereafter in the eastern section three-fifths shall be used for the benefit of the College of Pharmacy of the City of New York, situated in the borough of Manhattan, and twofifths for the benefit of the Brooklyn College of Pharmacy, situated in the borough of Brooklyn. Any surplus remaining thereafter in the western and middle sections shall be paid into the

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state treasury. Said surplus to be determined by the annual report each year, and shall be payable immediately after the annual meeting of the board, and the sums so paid to the trustees of the said colleges shall form and be known as the library fund of the colleges named. (Added by chap. 667 of 1900.)

ARTICLE XII.

MISCELLANEOUS PROVISIONS.

SECTION 210. Vaccination of school children.

211. Appointment of physician.

212. Preservation of life at bathing places.

213. Examination and quarantine of children admitted to institutions for orphan, destitute or vagrant children or juvenile delinquents.

214. Monthly examination of inmates and reports.

215. Beds; ventilation.

216. Repealed.

217. Cadavers.

218. Cadavers.

219. Prescriptions of opium and morphine.

220. Laws repealed.

221. When to take effect.

§ 210. Vaccination of school children.- No child or person not vaccinated shall be admitted or received into any of the public schools of the state, and the trustees or other officers having the charge, management or control of such schools shall cause this provision of law to be enforced. They may adopt a resolution excluding such children and persons not vaccinated, from such school until vaccinated, and when any such resolution has been adopted, they shall give at least ten days' notice thereof, by posting copies of the same in at least two public and conspicuous places within the limits of the school government, and shall announce therein that due provision has been made, specifying it, for the vaccination of any child or person of suitable age desiring to attend the school, and whose parents or guardians are unable to procure vaccination for them, or who are, by reason of poverty, exempted from taxation in such district. (As amended by chap. 667 of 1900, § 2.)

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