CHAP. 285-An Act requiring all persons employed in underground mines or in handling explosives to be able to speak and read the English language, and providing penalties for the violation of this act. [Approved April 1, 1913] The People of the State of Nevada, represented in Senate and employ cannot speak stand English SECTION 1. It shall be unlawful for any person, firm or Unlawful to corporation to employ in any underground mine in the State certain of Nevada, or in the handling of explosives either in under- miners who ground mines or surface mine workings in the state of or underNevada, any person or persons who cannot clearly speak and readily understand the English language, or who cannot readily read and understand any sign, notice or list of rules, or directions, printed in the English language in regard to rules of safety in said underground mine, or in the handling of said explosives. violation SEC. 2. Any person, firm or corporation, violating any of Penalties for the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred ($100) dollars, nor more than five hundred ($500) dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. SEC. 3. This act shall take effect January 1, 1914. In effect, 1914 CHAP. 286-An Act to regulate the practice of pharmacy and the use and sale of poisons and drugs in the State of Nevada; providing for a state board of pharmacy, and defining its powers and duties, and fixing penalties for the violation thereof. [Approved April 1, 1913] The People of the State of Nevada, represented in Senate and use and sale SECTION 1. From and after the passage of this act it shall Regulating be unlawful for any person to manufacture, compound, sell of poisons or dispense any drug, poison, medicine, or chemical, or to dis- and drugs pense or compound any prescription of a medical practitioner, unless such person be a registered pharmacist or a registered assistant pharmacist within the meaning of this act, except as hereinafter provided. Every store, dispensary, pharmacy, laboratory or office for the sale, dispensing or compounding of drugs, medicines or chemicals, or for the dispensing of prescriptions of medical practitioners shall be in Registered pharmacist Registered assistant assistant charge of a registered pharmacist. A registered assistant pharmacist may be left in charge of a store, dispensary, pharmacy, laboratory, or office for the sale, dispensing, or compounding of drugs, medicines or chemicals or for the dispensing of prescriptions of medical practitioners only during the temporary absence of the registered pharmacist. Temporary absence within the meaning of this act shall be held to be only those absences which may occur during a day's work, and when the registered pharmacist in charge shall be within immediate call, ready and able to assume the Noregistered direct supervision of said pharmacy. No registered assistant to conduct shall conduct a pharmacy. Every store or shop where drugs, medicines or chemicals are dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are com"Pharmacy" pounded, shall be deemed a "pharmacy" within the meaning of this act. Nothing herein shall be construed to prohibit the leaving in charge of a store, dispensary, pharmacy, laboratory or office, for the sale, dispensing or compounding of drugs, medicines or chemicals or for the dispensing of prescriptions, any person other than those herein mentioned; provided, however, that such person as left in charge, shall not engage in the compounding of drugs, medicines, or chemicals or the preparation of prescriptions of medical practitioners. pharmacy defined Proviso SEC. 2. Any person in order to be a registered pharmacist Licentiate in must be a licentiate in pharmacy, or a practicing pharmacist. pharmacy Qualifications of pharmacy Proviso SEC. 3. Licentiates in pharmacy must be such persons as possess the fundamentals of a high-school education and who licentiate in have had at least five (5) consecutive years' actual experience in drug stores where the prescriptions of medical practitioners have been compounded, and who have passed a satisfactory examination before the state board of pharmacy; provided, however, that the board of pharmacy may in its discretion grant certificates of registration, without further examination, to graduates of such colleges and schools of pharmacy as shall be approved by the board of pharmacy. Said board of pharmacy may also grant certificates of registration to the licentiates of other states or territories as it may deem proper. Practicing pharmacists are persons who, at the passage of this act, are registered as such. Qualifications of registered assistant pharmacists Board of pharmacy, how constituted SEC. 4. Assistant registered pharmacists shall be such persons as possess the fundamentals of a high-school education and who shall have had two (2) years' actual experience in drug stores where the prescriptions of medical practitioners have been compounded during such time, and as shall pass a satisfactory examination before the board of pharmacy. The fact of such qualifications and experience shall be shown to the satisfaction of the board. SEC. 5. The governor shall appoint five competent registered pharmacists, residing in different parts of the state, to serve as a board of pharmacy. The members of the board office shall, within thirty (30) days after their appointment, individually take and subscribe before the county clerk, in the county in which they individually reside, an oath faithfully and impartially to discharge the duties prescribed by the act. They shall hold office for the term of four (4) years, Terms of and until their successors are appointed and have qualified. In case of vacancy in the board of pharmacy the governor shall fill the same by appointing a member to serve for the remainder of the term only. The board shall organize by electing a president, secretary, and a treasurer. The secre- Officers tary may or may not be a member of the board, as the board in its sound discretion shall determine. The secretary and treasurer shall each give a satisfactory bond running to the Bonds of State of Nevada in the sum of not less than two thousand dollars, and such greater sum as the board may from time to time require for the faithful discharge of their respective duties. officers keep records SEC. 6. The secretary of the board shall keep a complete Secretary to record of all proceedings of the board and of all certificates issued and shall perform such other duties as the board may from time to time require, for which services he shall receive the sum of twenty-five ($25) dollars per month. Each mem- Salary ber of the board and the secretary shall receive his necessary hotel and traveling expenses in attending formal meetings of the board, the same to be audited and allowed as other claims against the state out of the moneys appropriated by law. meetings SEC. 7. Three members of the board shall constitute a Quorum; quorum. They shall hold a meeting at least once in every six months. POWERS AND DUTIES OF THE BOARD Subdivision 1. The state board of pharmacy shall have power: board of (a) To make such by-laws and regulations, not inconsist- Powers of ent with the laws of this state, as may be necessary for the pharmacy protection of the public, appertaining to the practice of pharmacy and the lawful performance of its duties; (b) To regulate the practice of pharmacy; (c) To regulate the sale of poisons; (d) To examine and register as pharmacists and assistant pharmacists all applicants whom it shall deem qualified to be such; (e) The board shall report annually to the governor upon Annual the condition of pharmacy in the state, which said report report shall contain a full and complete record of the proceedings of the board for the year, a complete statement of all fees received, and also the names of all pharmacists registered under this act. It shall be the duty of the state printer to print said report. SEC. 8. All applicants for certificates as registered phar- Applicants macists, whether by examination, or diploma of graduation certificates for Fee from college or school of pharmacy or on the license or certificate issued by other state or territorial board of pharmacy, shall, before a certificate be granted, pay to the secretary of the board the sum of ten ($10) dollars. If an applicant for certificate of registration as a registered pharmacist by examination fail to pass such an examination he shall not be eligible to reexamination within six months from the date of such previous examination. After the said six months Reexamina- shall have expired the applicant shall be entitled to reexamination upon the payment of a fee of five ($5) dollars. Upon failing to pass the second examination the applicant may be reexamined upon the payment of a fee of three ($3) dollars at any regular meeting of the board of pharmacy; provided, however, that no temporary certificate shall be issued to an applicant who has failed to pass the second examination. tion fee Proviso for certificates fee SEC. 9. Applicants for registration as registered assistant Applicants pharmacists shall pay to the secretary of the board of pharmacy a fee of five ($5) dollars before they shall be entitled to as assistants: take the examination. The certificate of registered assistant pharmacist does not entitle its holder to engage in the practice of pharmacy on his own account, nor to conduct or operate any pharmacy or drug store except under the supervision of a registered pharmacist. for renewal ofcertificates SEC. 10. Every registered pharmacist and every assistant Annual fee registered pharmacist who desires to keep his certificate in force shall annually thereafter beginning on the first Monday of May, 1913, pay to the secretary of the board of pharmacy, a registry fee, to be fixed by the board, but which in no case shall exceed two ($2) dollars per annum, for which he shall receive a renewal of said certificate. All persons in possesConcerning sion of certificates, issued by the state board of pharmacy, and which are in force at the time of the adoption of this act, shall, beginning on the first Monday in May, 1913, and annually thereafter, pay to the secretary of the board of pharmacy a like sum for which they shall receive a renewal of said certificate. All certificates issued during the year expire on the first Monday of May next following. old certificates Certificate must always be posted Failure to renew certificate; additional fee SEC. 11. Every certificate of registration granted under this act and the current renewal thereof shall be conspicuously exposed in the pharmacy or drug store in which the owner thereof is employed or is conducting. SEC. 12. Any registered pharmacist or any assistant registered pharmacist who shall fail to procure a renewal of his certificate at the time above stated shall not receive a renewal thereof except upon the payment of the renewal fee for each year or fraction thereof that may have elapsed between the expiration of said certificate and the application for renewal thereof, and in addition thereto a penalty of one dollar for each year or fraction thereof so elapsing between the date of expiration of such certificate and application for a renewal, before new certificate shall be issued; provided, however, that Proviso recorded in archives SEC. 13. Every registered pharmacist and every assistant Certificate registered pharmacist upon receiving a certificate of regis- county tration under this act shall, before he engage in business as a pharmacist or assistant registered pharmacist, in any county of this state in which he or she shall locate, or into which he or she shall afterward remove, have such certificate recorded in the office of the county clerk of such county, and it is hereby made the duty of the county clerk to record such certificate in a book to be provided and kept for that purpose, and the county clerk is hereby authorized to charge a fee of one dollar for the recording of such certificate for record. Each person holding a certificate entitling them to practice pharmacy in this state and being engaged in business as a pharmacist at the time of the passage and adoption of this act, shall have such certificate recorded, as in this section provided, within thirty days after the taking effect of this act. The record of the certificate required by this section, or a Record to be certified copy of the same, shall be evidence in all courts that the person holding it was registered as evidenced by said certificate on the date of same. Upon the certificate being recorded as herein provided, it shall be the duty of the county clerk so recording to notify the secretary of the board of pharmacy of the name of the party and the date of such record. evidence be notified of business SEC. 14. From and after the passage and adoption of this Secretary to act, every registered pharmacist and every assistant regis- change of tered pharmacist, shall within thirty days after changing his place of place of business as designated on the books of the secretary of the board of pharmacy, notify the secretary of the board of pharmacy of such change and of his new place of business, and upon receipt of such notification the secretary shall make the necessary change in his register. demeanor SEC. 15. Any registered pharmacist or any assistant reg- Failure to istered pharmacist failing to comply with any of the forego- notify, mising provisions shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five dollars nor more than twenty-five dollars. cate, how SEC. 16. In the event any person having registered shall Lost certifihave lost his or her certificate, or the same has been destroyed, replaced; fee or if he or she desires the renewal of the same, a new certificate may be issued by said board upon the applicant paying therefor the sum of three dollars; provided, however, Provisos that where the original certificate is not lost or destroyed, then the certificate shall be surrendered before a renewal of same shall be issued; and provided further, that the board shall have power to require satisfactory evidence from the applicant of the loss or destruction of the certificate; and |