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LAWS

RELATING TO

THE PRACTICE OF PHARMACY

IN

MASSACHUSETTS.

LAWS RELATING TO PHARMACY.

(AS AMENDED.)

CHAPTER 76, REVISED LAWS.

REGISTRATION OF PHARMACISTS.

SECTION 10 (as amended by chapter 261, Acts of 1909). There shall be a board of registration in pharmacy consisting of five persons, residents of the commonwealth, who shall be skilled pharmacists, and shall have had ten consecutive years of practical experience in the compounding and dispensing of physician's prescriptions, and shall be actually engaged in the drug business. Not more than one member shall have any financial interest in the sale of drugs, medicines and chemicals, and the compounding and dispensing of physician's prescriptions in the same councillor district. One member of said board shall annually in November be appointed by the governor, with the advice and consent of the council, for a term of five years from the first day of December following, and no person appointed after the twenty-fifth day of June in the year eighteen hundred and ninety-nine shall serve as a member of said board for more than five consecutive years. The members of said board at the time of the enactment hereof, and any member thereafter appointed to fill a vacancy, who are holding office at the expiration of their official terms, shall continue in office until the first day of December following.

SECTION 11 (as amended by chapter 261, Acts of 1909). Said board shall meet on the first Tuesday of December in each year at such time and place as it may determine, and shall organize by electing a president and secretary, who shall be members of the board and who shall hold their offices for the term of one year. The secretary shall give to the treasurer and receiver general a bond with sufficient sureties, to be approved by the governor and council, for the faithful performance of his official duties. The board shall annually hold regular meetings on the first Tuesday of January, May and October, and additional meetings at such times and places as it shall determine.

SECTION 12 (as amended by chapter 505, Acts of 1902, as amended by chapter 399, Acts of 1907). The annual salary of the secretary of the board of registration in pharmacy shall be one thousand dollars, and that of the other members of the board shall be five hundred dollars each, except that the chairman shall receive six hundred dollars. Each member of the board shall receive in addition to his salary his necessary travelling expenses actually incurred in attending the meetings of the board. The salaries and expenses of the members of the board shall be paid out of the treasury of the commonwealth. The fees received for examination and registration of applicants before the 'board of registration in pharmacy shall be paid monthly by the secretary into the treasury of the commonwealth.

SECTION 13. The board shall keep a record of the names of all persons examined and registered hereunder and of all money received and disbursed by it, and a duplicate thereof shall be open to inspection in the office of the secretary of the commonwealth. Said board shall annually, on or before the first day of January, make a report to the governor and council of the condition of pharmacy in the commonwealth, of all its official acts during the preceding year and of its receipts and disbursements. SECTION 14 (as amended by chapter 525, Acts of 1908). person who desires to do business as a pharmacist shall, upon payment of five dollars, be entitled to examination, and if found qualified shall be registered as a pharmacist and shall receive a certificate signed by the president and secretary of said board. Any person who fails to pass such examination shall upon request be re-examined after the expiration of three months at any regular meeting of the board, upon the payment of three dollars. The board of registration in pharmacy may grant certificates of registration as assistants after examination upon the terms above named, but such certificates shall not allow the holder thereof to carry on the business of pharmacy. The said board may, in its discretion, grant certificates of registration to such persons as shall furnish with their application satisfactory proof that they have been registered by examination in some other state: provided, that such other state shall require a degree of competency equal to that required of applicants in this state. Every applicant for registration as a registered pharmacist shall pay to the secretary of the board the sum of ten dollars at the time of filing the application. No certificate known as the reciprocity certificate shall be granted until the person so applying shall have signified his intention of acting under the same in this commonwealth. All fees received by the board shall be paid by its secretary into the treasury of the commonwealth.

SECTION 15. Every person who has received a certificate of registration from the board shall conspicuously display the same in his place of business.

SECTION 16 (as amended by chapter 140, Acts of 1907). The board shall hear all applications by registered pharmacists for the granting of sixth class licenses, if a hearing is requested by the applicant, and all complaints made to them against any person registered as a pharmacist charging him in his business as a pharmacist with violating any of the laws of the commonwealth, the enforcement of which is under the supervision of the board of registration in pharmacy, and especially of the laws relating to the sale of intoxicating liquors; or engaging with, or aiding or abetting, another in the violation of said laws; or, if he himself is not the owner and actively engaged in such business, with suffering or permitting the use of his name or certificate of registration by others in the conduct of the business of pharmacy. Such complaint shall set out the offence alleged and be made within fifteen days after the date of the act complained of, or within thirty days after a conviction by a court of competent jurisdiction. The board shall notify the person complained against of the charge against him and of the time and place of the hearing at which he may appear with his witnesses and be heard by counsel. Three of the members of the board shall be a quorum for such hearing. Witnesses at hearings before such board shall testify under oath and may be sworn by a member of the board. The board shall have power to send for persons and compel the attendance of witnesses at said hearings.

SECTION 17 (as amended by chapter 321, Acts of 1902). If the full board sitting at such hearing finds the person guilty, the board may suspend the effect of the certificate of his registration as a pharmacist for such term as the board fixes, but the license or certificate of registration of a registered pharmacist shall not be suspended or revoked for a cause punishable by law until after his conviction by a court of competent jurisdiction. (Chapter 261, section 5, Acts of 1909: The board may suspend the certificate of registration of a registered pharmacist, who, in its judgment, is a menace to the public by reason of the improper use of intoxicating liquor or drugs, such suspension to be made only after a hearing, and by the unanimous vote of all the members of the board.) The board may at any time in its discretion reconsider its action in cases where it has suspended or revoked. the license or certificate of registration of a pharmacist, and may change its determination as justice shall require.

SECTION 18 (as amended by chapter 525, Acts of 1908). Whoever, not being registered as aforesaid, retails, compounds

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