Chapter 497. To amend an Act entitled “An Act to regulate the practice of pharmacy and the sale of poisons in the District of Columbia, and for other purposes,” approved May 7, 1906, as amended
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CHAP. 497.— An Act To amend an Act entitled “An Act to regulate the practice of pharmacy and the sale of poisons in the District of Columbia, and for other purposes,” approved May 7, 1906, as amended.March 4, 1927.[[S. 4474](/us/bill/69/s/4474).][[Public, No. 791](/us/pl/69/791).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Pharmacy regulations, D. C. That an Act entitled “An Act to regulate the practice of pharmacy and the sale of poisons in the District of Columbia and for other purposes,” approved May 7, 1906, as amended, be amended as follows:
Sec. 2. Strike out all of section 3 of said Act and insert in lieuVol. 34, p. 176, amended. thereof the following to be known as section 3: "“Sec. 3. That every person not registered under an Act to regulateAppropriations for licenses. the practice of pharmacy in the District of Columbia, approved June 15, 1878, who shall desire to be licensed as a pharmacist shall file withSworn statement of qualifications, etc. the board of pharmacy an application, duly verified under oath, setting forth the name and age of the applicant, the experience which the applicant has had in compounding physicians’ prescriptions under the direction of a licensed pharmacist, and the name and location of the school or college of pharmacy of which he is a graduate, and shall submit evidence sufficient to show to the satisfaction of said board that he is of good moral character and not addicted to the use of alcoholic liquors or narcotic drugs so as to render him unfit to practice pharmacy; and said applicant shall appear at a time andExamination of applicants. place designated by the board of pharmacy aforesaid and submit to an examination as to his qualifications for license as a pharmacist: *Provided*, That applicants shall be not less than twenty-one years of*Proviso*.Minimum age and experience. age, and in order to be entitled to an examination for the determination of his fitness to be licensed as a pharmacist in the District of Columbia, must have had not less than three years’ experience in the practice of pharmacy under the instruction of a. regular licensed pharmacist; and must be a graduate of an accredited school or collegeCollege graduation. 1414 Recognition of any school of pharmacy.of pharmacy: *Provided, however*, That the board of pharmacy, in its discretion, may establish, by general rules, conditions upon compliance with which by any school or college of pharmacy, and under the submission by said school or college of evidence sufficient to prove such compliance to the satisfaction of said board, applicants who have been graduated by such school or college during any specified year or years may be allowed credit for experience in the practice of pharmacy by reason of attendance at and graduation by said school or college.”" Sec. 3.Vol. 34, p, 177, amended.
Strike out all of section 7 of said Act and insert in lieu thereof the following, to be known as section 7: "“Sec. 7. Permits to sell poisons used in the arts, etc.That in the month of November of each year every licensed pharmacist and every licensed dealer in poisons for use in the arts or as insecticides, whose license or permit has been issued not less than three years prior to the first day of such month, shall apply to the board of pharmacy for the renewal of such license or permit.
And said board is hereby authorized, upon the payment of such fees as are hereinafter provided, to renew such license or permit in the month of November for a period of three years from the 31st day of Void if not renewed, obtained by fraud, etc.October immediately preceding the date thereof. And every license or permit not renewed within the month of November as aforesaid shall be void and of no effect unless and until renewed. Any license, permit, or renewal obtained through fraud or by any false or fraudulent representation shall be void and of no effect.
' No person shall make any false or fraudulent representation for the purpose of procuring a license, permit, or renewal thereof either for himself or for another. Record of board if license not given.“In the event the board shall fail or refuse to renew any license or permit within the month of November, for which application Hearing on request.has been made, it shall make written record of the reasons for such n on-renewal. Upon request of the person seeking renewal of his license or permit, the board shall grant a hearing, and the applicant shall have the right to be represented by counsel, introduce evidence, and examine and cross-examine witnesses.
The secretary of the board is hereby empowered to administer oaths. Board given power to require attendance, issue subpoenas, etc.“The said board shall have power to require the attendance of persons and the production of books and papers and to require such persons to testify in any and all matters within its jurisdiction. The chairman and the secretary of the board shall have power to issue subpoenas, and upon the failure of any person to attend as a witness when duly subpoenaed or to produce documents when duly directed Order of District Supreme Court to secure attendance, etc.by said board, the board shall have power’ to refer the said matter to any justice of the Supreme Court of the District of Columbia, who may order the attendance of such witness or the production of such books and papers or require the said witness to testify, as the case may be; and upon the failure of the witness to attend, to testify, or to produce such books or papers, as the case may be, such witness may be punished for contempt of court as for failure to obey a subpoena issued or to testify in a case pending before said court.
Report of findings.“The board shall make a written report of its findings after such hearing, which report, with a transcript of the entire record of the proceedings, shall be filed with the Commissioners of the District Revocation of license.of Columbia, and, if the board’s finding shall be adverse to the person seeking reissuance of his license or permit, such license or permit shall stand revoked and annulled at the expiration of thirty days from the filing of such report, unless within said period of thirty days a writ of error shall be issued as hereinafter provided, in which event said license or permit shall stand suspended until the final determination of the court of appeals upon such writ of 1415 error.
If an exception is taken to any ruling of the board onBill of exceptions. matter of law, the exception shall be reduced to writing and stated in the bill of exceptions with so much of the evidence as may be material to the question or questions raised, and such bill of exceptions shall be settled by the board and signed by the Secretary within such time as the rules of the board may prescribe. “Any party aggrieved by the decision of the said board may seekReview in District Court of Appeals. a review thereof in the court of appeals of the District of Columbia by petition under oath setting forth concisely, but clearly and distinctly, the nature of the proceeding before said board, the trial and determination thereof, and the particular ruling upon matter of law to which exception has been taken, said petition to be presented to any justice of the court of appeals within thirty days after the filing of the report of said board with the commissioners, with such notice to the board as may be required by the rides of the court of appeals.
If the justices shall be of the opinion that the action of the boardReview on writ of error. ought to be reviewed, a writ of error shall be issued from the court of appeals, within such time as may be prescribed by that court, a transcript of the record in the case sought to be reviewed, and the court of appeals shall review said record and affirm, reverse, or modify the judgment in accordance with law. “Every license to practice pharmacy and every permit to sellPublic display of permits to be made. poisons for use in the arts or as insecticides and every current renewal of such permit shall be conspicuously displayed by the person to whom the same has been issued in the pharmacy, drug store, or place of business, if any, of which the said person is the owner or manager.”" Sec. 4.
Strike out all of section 10 of said Act and insert in lieuFees. Vol. 34, p, 171, amended. thereof the following to be known as section 10: "“Sec. 10. That applicants for license to practice pharmacy and forAuthorized for licenses. permits to sell poisons for use in the arts or as insecticides shall pay the following fee: For examination for license as pharmacist, $15, and for each renewal thereof $3; for a permit for the sale of poisons for use in the arts or as insecticides, $1, and for each renewal thereof, 50 cents.
“And hereafter all fees for licenses to practice pharmacy and allPayment required before admission to practice, etc. fees aforesaid shall be paid to the treasurer of the Board of Pharmacy of the District of Columbia before any applicant may be admitted to examination and before any license or permit, or any renewal thereof, may be issued by the said board. And all expensesExpenses paid from fees, etc. of said board incident to the execution of the provisions of this Act shall be paid from the fees collected by the board of pharmacy aforesaid.
If any balance remains on hand on the 30th day of June of any year the members of said board appointed as such shall be paid therefrom such reasonable amounts as the Commissioners of the District of Columbia may determine.”" Sec. 5. This Act shall take effect one year after the date of itsEffective in end year. approval. Approved, March 4, 1927.