Evening star., 1900-02-01
LOCAL PHARMACY LAW
Opinion Respecting Provisions Governing the
Sales of Roisoas,
Application Of Clause Requiring Dis
penser of Drugs to he Resistered
photographs Supplies.

The attorney forehe District has submit
eeo 10 the Commissioners an opinion in con-
nection with the report recently made to
them by Detectives Proctor. detailed to en-
iorce the pharmacy laws, the opinion being
on the following questions raised by the
officer:
First. whether the provisions Of the act
OF Congress approved June 10. 1878 GO
Stat, 1870, regulating the practice of phar-
macy IN the District of Columbia, require
the proPrietors of pharmacies and drug
stores to be registered, 8, "a
second, whether said act is; applicable to
empioyes In hospitals engaged in COM
pounding PRESCRIPTIONS of physicians and
dispensing drugs for medicinal purposes;
Third. whether SAID act has any applica-
ton to dealers in photographs supplies
who retail in connection with their busi-
ness. cyanide Of potassium and other
Doisons.
The several sections Of this act applica-
BILE to the first inquiry, states the attorney.
make 1t unlawful for any person not a reg
.stered pharmacist within the meaning Of
this act to conduct any pharmacy or store
lor tne purpose Of retailing, compounding
or dispensing med. cine or poisons for med
lcal use In the District except as therein
after provided; for the proprietor of any
store or pharmacy to allow any person,
except registered pharmacist, to COM
pound or dispense the prescriptions of ply
stc.ans or to retail or dispense poisons for
medical use except as an aid to and under
the immediate supervision of a registered
pharmacist: and that any person not reg
istered Pharmacist as provided for in the
act, who shall conduct a store, pharmacy
or place for retailing, compound.ng or dis
pensing drugs medicines or chemicals for
mediclnal use, or for compromising or dis
pensing physicians prescriptions, shall be
guilty Of misdemeanor, etc.
What the Clause Prohibits.
Standing alone,' says the Commission
ers' legal adviser, "the last clause Of sec
ton II quoted would seem to prohibit any
person not registered pharmacist from
conducting drug store or pharmacy, but,
in my opinion, the whole act is to be read
together, and so read said clause Of section
II Is to be considered as merely prohibiting
any person not himself registered phar-
macist from compounding or dispensing the
prescriptions OF physicians, or retailing or
dispensing poisons for medical use, and
does not impose penalty upon the pro-
pr1etor OF pharmacy If a person, himself
registered pharmacist and in the employ
OF the proprietor, does the compounding or
retailing.
I'm my opinion, therefore, answering the
itrst inquiry, the act of Congress in ques-
ton does not require that the proprietor of
any drug store or pharmacy shall himself
be registered pharmacist. II the person
who actually compounds or dispenses the
prescriptions OF physicians, or who retails
or dispenses poisons for me edical use, is him.
self registered pharmacist.
Second. Referring to the second inquiry.
! had the honor the 10Th day of December
1893. to advise you that the act Of Congress
referred to had no application to prescr p
dons compounded by graduate physician
at hospital, and undertook to indicate
that the act was limited to persons en-
nf q or >hor
macy.
THE reasoning therein set forth app les
to the dispensing of drugs and the COM
pounding Of prescriptions by employees In
the hospitals in the District of Columbia,
and, in my opinion. said act has no appii-
cation to such persons who do not them
selves conduct OF who are not In the employ
of persons who conduct a store or phar-
macy for selling at retail, compound:ng or
dispensing drugs. medicines or, chemicals
for medicinal use,s or in compromising, or
dispensing physicians prescriptions.
Dealers in Photoa raphic Supplies.
Third. Referring to the third Inquiry,
whether the act of Congress regulating
pharmacy in the District of Columbia has
any application to dealers in Photographic
supplies who retail cyanide of potassium
and other poisons and chemicals, / have
the honor to say that the only section Of
the act which has any apparent relation to
the matter is the tenth.
TT is true that in the beginning Of the
18th section the act provides that 1T
shall be unlawful for any person to
retail any of the poisons enumerated
Even assuming, however, that this section
is to be considered Independently of the
other provisions Of the law, and to be ap-
plicable to all persons. 1t will be noticed
that the only requirements of the act ap-
plicabie to all persons are, first. that the
box or vessel containing the poison shall
be labeled, and. second. the sale may be
made only after due inquiry If the pur-
chaser is aware Of its character and rep
resents that it is to be used for legiti-
mate purpose. The more important clause