one hundred thirty-four of the Public Acts of eighteen hundred eighty-five, entitled "An act to regulate the practice of pharmacy in the state of Michigan," being sections six thousand seven hundred sixty, six thousand seven hundred sixtyone, six thousand seven hundred sixty-two, six thousand seven hundred sixty-three, six thousand seven hundred sixtyfour, six thousand seven hundred sixty-five, six thousand seven hundred sixty-nine, six thousand seven hundred seventy, six thousand seven hundred seventy-nine, six thousand seven hundred eighty-three and six thousand seven hundred ninetytwo of the Compiled Laws of nineteen hundred fifteen, are hereby amended, and a new section is added to said act to stand as section 5-a thereof, said amended sections and said new section to read as follows:

SEC. 1. That the Governor, with the advice and consent of Board of the senate, shall, within thirty days after the passage of this y appointment act, appoint five persons and annually thereafter one per- of. son from among such competent pharmacists in the state as have had ten years' practical experience in dispensing physicians' prescriptions, who shall constitute the Michigan Board of Pharmacy. The terms of office of said five persons shall be so arranged that the term of one shall expire on the thirty-first day of December of each year, and all appointments made thereafter shall be for the term of five years, and until their successors are appointed and qualified.

election of

secretary

SEC. 2. The said board shall, within thirty days after its Organization, appointment, meet and organize, by the election of a presid- officers. ent and secretary-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-treasurer, before entering upon Bond of his duties shall give bond to the people of the state condi- treasurer. tioned for the faithful receipt, disbursement and accounting for, in accordance with this act, of all moneys that may come into his hands as such secretary-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-treasurer of the board shall receive Salary. a salary which shall be fixed by the board, but the same shall in no case exceed the sum of eighteen hundred dollars per annum. He shall also receive the amount of his traveling and Expenses. other expenses incurred in the performance of his official duties. The other members of the board shall each receive Compensation, etc., of the sum of five dollars for every day actually engaged in board memthe service of the board, and also all their traveling and other bers. 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. The

Annual report.

Power of board.

By-laws.

Complaints.

Attorney.

Inspector.

Meetings.

Representation.

Registration book.

Records.

secretary-treasurer of 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.

SEC. 4. The State Board of Pharmacy shall have the power:

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; to investigate all complaints as to quality and strength of all drugs and medicines, and to take such action as said board may deem necessary to prevent the sale of drugs and medicines that are adulterated or misbranded under act number one hundred forty-six, Public Acts of nineteen hundred nine, and acts amendatory thereof, entitled "An act to prohibit and prevent adulteration, misbranding, fraud and deception in the manufacture and sale of drugs and drug products in the state of Michigan, and to provide for the enforcement thereof," and any other law of the state; to employ an attorney to assist in the enforcement of the pro visions of this act and assist in the prosecution of any one charged with violating any of its provisions; to employ an inspector of pharmacies at a salary not to exceed twenty-five hundred dollars per annum and such other persons as the said board may deem necessary and shall authorize, at salaries not exceeding five dollars per diem for each such person 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, such inspector and other employes to receive their traveling and other necessary expenses incurred in the performance of their duties; to hold meetings at such places in this state as the board 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 months 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; to send such representation from the membership of the board to meetings of the American Pharmaceutical Association 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; to license druggists; to keep a book of registration in which shall be entered 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

and license.

secretary to be a true copy, attested by the seal of the board, shall be accepted as competent evidence in all courts of the state. Three members of the said board shall constitute a Quorum. quorum; to examine all applicants for registration, and to Examination. issue two grades of certificates to be known respectively as that of "registered pharmacist" and "registered assistant pharmacist"; to investigate all alleged violations of the provisions of this act or any other law of this state regulating the dispensing or sale of drugs, medicines or poisons or the practice of pharmacy 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. From and after the first day of July, nineteen Registration hundred twenty-one, it shall be unlawful for any person, firm or corporation to engage in the business of selling at retail, drugs and poisons or compounding prescriptions, except those who are exempted from registration under section eighteen of this act, without first securing from the State Board of Pharmacy a license as hereinafter provided for each separate place in which said business is to be carried on. Application Fee. for such license shall be in writing and shall be accompanied by a payment to said board of the sum of three dollars as a license fee. Such licenses shall be valid for a period of one Licenses to year commencing on July first and ending on the thirtieth annually. day of the next June, and such license shall contain the name of the licensee and the address of the place at which such business will be conducted. Every person, firm or corpora- Violation. tion, and every member or officer thereof, that shall violate the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof, shall be liable to the penalties provided in section thirty-two of this act.

be renewed

SEC. 5-a. It shall be the duty of registered pharmacists Apprentices. who take into their employ an apprentice for the purpose of becoming a pharmacist to require such applicant to apply to said board of pharmacy for registration as apprentice,

and the said board of pharmacy shall have the right to re- Examination. quire such an examination as shall establish the educational qualifications of the applicant, and the date of experience required of applicants for assistant or registered pharmacists, shall be computed from the date of registration as apprentice. In computing the period of service as an apprentice under this act, forty-eight hours shall be construed as one week's time. The board of pharmacy shall furnish proper blanks Blanks, fee, for this purpose and issue a certificate of registration as a registered apprentice upon the payment of one dollar. SEC. 6. Every person receiving a certificate or license under Certificate to this act shall keep the same conspicuously exposed in his place of business, and every registered pharmacist or registered assistant pharmacist shall, within ten days after chang ing his place of business or employment, as designated by his certificate, notify the secretary of the board, of his new

etc.

be displayed.

Record of

whom kept.

place of business or employment. The board shall preserve certificates, by 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.

Affidavit.

Requirements.

Assistant pharmacist.

When certificate granted.

Proviso.

License, when withheld.

SEC. 10. Except as specified in section seven of this act, no person shall be granted a certificate as a registered assistant pharmacist, 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 ten dollars, as an examination fee and ten dollars as a certificate fee, and shall have passed an examination satisfactory to said board for the granting of such certificate. A registered assistant pharmacist may be employed for the purpose of dispensing, compounding or retailing 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.

SEC. 11. Except as specified in section seven of this act, no person shall be granted a certificate as a registered 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 examination and certificate fees as shall be fixed by the board, not exceeding the sum of fifteen dollars, as an examination fee, and fifteen dollars, as a certificate fee, and until he shall have passed an examination satisfactory to said board for the granting of such certificate: Provided, however, That on and after January first, nineteen hundred twenty-four, every applicant for such a certificate shall furnish satisfactory evidence that he has completed twelfth grade work in the public schools, or its equivalent.

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 endanger by reason of the habits or character of such applicant. If any registered pharmacist or registered assistant pharmacist 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

be revoked.

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 assistant pharmacist shall have been convicted a second time of a violation of the pharmacy, narcotic, general liquor or other drug laws of this state, in any court of the state, the State Board of Phar- License may macy 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 li cense or licenses issued by said board, upon sufficient evidence of such violation in addition to any other penalty by the law imposed for such violation.

poisons.

SEC. 23. It shall be unlawful for any person or persons li- Labeling of censed 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 following are the schedules:

Schedule "A."

Arsenic, cyanide of potassium, hydrocyanic acid, strychnia, Schedules. and all poisonous alkaloids and their salts, oil of bitter almonds containing hydrocyanic acid.

Schedule "B."

Aconite, belladonna, cantharides, colchicum, conium, cotton root, digitalis, ergot, hellebore, henbane, phytolacca, strophanthus, oil of tansy, veratrum viride and other 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.

SEC. 32. Every person, firm or corporation and every mem- Violation. ber or officer thereof that shall himself or through any agent, servant, employe or other person, directly or indirectly violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject Penalty. to a fine of not less than fifty dollars nor more than one hundred dollars and costs of prosecution, or imprisonment in