Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-04-11

1891.
conviction shall for each and every offense
be liable to a penalty not to exceed fifty
(5O) dollars. Any registered pharmacist
or other person who shall permit the com-
pounding and dispensing Of prescriptions
or the vending of drugs, medicines or poi
sons in his store or place Of business ex-
cept under the supervision of a registered
continuing business shall tail or neglect to
procure his annual registration, or any
person who shall willfully make any false
representation to procure registration for
himself or any other person, or who
shall violate any other provision of
ms act shall be deemed guilty
shall for each and every offense be liable
to a penalty not to exceed fifty (5O) dollars:
provided, that nothing in this act shalt n any
manner interfere with the business of any
physician in regular practice, nor prevent
him from supplying his patients with such
articles as may seem to him proper, nor
prevent him from receiving a certificate as
q registered pharmacist upOn his prOduc-
ing a statement from the North Dakota
board of medical examiners that he has
answered at learst 70 per cent. of the ques-
lions asked at their examination in chemis-
try, pharmacy and materia nedica;
provided, further, that physicians regis
tered on account of residence in the state
be registered as Registered pharmacists''
on presentation of their certificate from the
North Dakota medical board; nor with the
making of proprietary medicines or medl-
name of the contents, and the pharmacist
or physician by whom prepared or
compounded; nor prevent shop keepers
from dealing in and selling the COM
monty used medicines and poisons,
if such medicines are put up. by
a registered pharmacist, or from deal
ing in and selling of patent or proprietary
medicines, nor with the exclusive whole
sale business of any dealers.
SEC. IL. Every proprietor or conductor
Of a drug store, shall be held responsible
for the quality of all drugs. chemicals and
medicines sold or dispensed by him, except
those sold in the original packages Of the
manufacturer, and except those articles or
preparations known as patent or proprie-
tary medicines. Amy person who Shall
knowingly. willfully or fraudulently
falsify or adulterate or cause to be falsifed
or adulterated, any drug or medicinal SUBJ
recognized by any standard work on
pharmacy, or used or intended to be used
in medical practice. or shall mix or cause
to be mixed with any such drug or
medicinal substance, any foreign or
inert substance whatsoever for the purpose
of destroying or weakening its medicinal
power and effect, or Of lessening its cost,
and shall willfully, knowingly or fraud
ulantly sell, or cause the same to be sold
for medicinal purposes, shall be deemed
guilty of a misdemeanor, and upon con-
viction thereof, shall pay a penalty not
exceeding five hundred (500) dollars, and
Shall forfeit to the state of North Dakota
all articles so adulterated.
SEC. IA. 1t shall be deemed unlwful for
any person to retail any poisons enum-
Grated in schedule "a" and 3D." except as
hereinafter provided for.
SCHEDULE GA"
Arsenic and its preparations; corrosive
suDlimate; white preciptiUate; red precipi-
tate; biniodide of mercury; cyanide OF pot
asSSlum; hydrocyaDic acid; strychnia and
all other poisons; vegetable alkoloids and
their salts; essential oil of bitter almonds;
opium and its preparations, except pare
gOric and other preparations Of opium
with less than two grains to the ounce.
SCHEDULE "B."
Aconite; b%elladonna; colchicum; conium;
nux vomica; henbane; savin; ergot; cotton
root; cantharides; %creosote; digitails and
their pharmaceutical preparations; croton
oil; chloroform; choral hydrate; sulphate
of zinc; mineral acids; carbolic acid and
any OXalic acid.
A poison in the meaning of this act shall
be 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 uuanti-
ties of sixty (6O) grains or less. No per-
son shall sell at retail any poisons MEN
toned in schedules !" and "B" above
mentioned without affixing to the bottle,
box, vessel or package containing them,
the name OF the contents, the word "pois-,
on" and the name and place of business
Of the seller, nor shall he deliver said pois-
on to any person without satisfying him
self that such poison is to be used for leg
itimate purposes; provided, that nothing
pensing of physicians prescriptions speci-
flying poison. 1t shall also be the duty Of
such vendor of poisOns before delivering
the same to the purchaser, to cause an en-
try to be made in a book kept for that pur-
pose, stating the date of sale, the name and
quality OF the poison sold, and the name of
the dispenser, such book to be always
kept open for inspection by the proper au-
thorltles, n to be preserved for refer
ence for at least five years. Any person
failing to comply with the requirements
misdemeanor and shall, upon convictions;
be liable to a fine of not less than five (5j
dollars for each and every such omission.
SEC. ID. All suits for recovery of the
several penalties and costs prescribed in
this act shall be prosecuted in the name of
onC VOW u 4NoACll DAhUGd Ill ally COuEU
having jurisdiction, and it shall be the du-
ty of The states attorney OF the county
wherein such offense in committed to pros
ecute all persons violating the provisions
of this act upon proper complaint being
made. All penalties collected under the
provisions Of this act shall inure to the
board Of pharmacy, for the expenses and
costs of the proper execution of the law.
SEC. Is. All acts or parts of acts regu-
lating the practice of pharmacy or
authorizations of drugs, within this
state, enacted prior to the
passage OF this act, which in anywise con-
flict with the provisions of this act are
hereby repealed: provided, that nothing in
this act shall be so construed as TO prevent
any person who has once been a member
by examination, and Nay have forfeited
his membership by non-payment of fines or
fees, from renewing his registration within
two years, by paying the required dues or
fees, without examination.
SEC. IL. Whereas, The existing laws do
not provide any punishment for the viola
ton of the provisions of the law now gov
erning the practice of pharmacy, nor is
there any schedule of poisons specified
therein, thereby not only exposing the pub.
lie to the danger arising from the acts of
incompetent persons, but there is an exist