OREGON. 159 



3817. Licenses to t>e issued only to physicians and druggists. No license shall 

 be issued by the county clerk of any county to any person authorizing him or her 

 to have in stock, or to sell or give away to any person, opium or any of the 

 drugs named above in sections 3815 and 3816, except regularly qualified physi- 

 cians who keep a stock of drugs and medicines for their own use in prescription 

 and regularly qualified druggists. 



3818. What sales permitted only on prescription. No person shall give away 

 or sell opium, morphine, eng-she or cooked opium, hydrate of chloral, or cocaine, 

 except to those who present a prescription for the same from a physician or a 

 regularly qualified pharmacist ; and the party selling shall sell and deliver only 

 the quantity and the kind named in the prescription. The seller shall retain 

 the prescription, and keep it open for public inspection. 



3819. Person prescribing must register and present diploma; proviso. No phy- 

 sician or pharmacist shall prescribe the use of opium, morphine, eng-she or 

 cooked opium, hydrate of chloral, or cocaine, unless he or she shall previously 

 have registered with the county clerk of the county wherein he or she resides 

 and practices his or her profession his or her name and address, the name and 

 location of the institute of which he or she is a graduate, and the date of his 

 graduation. He or she shall also exhibit his or her diploma in evidence to the 

 county clerk, or a certificate from a board of pharmacy, if there be one in the 

 county : Provided, That all physicians who have been engaged in the practice of 

 medicine in this state for the period of two (2) years preceding the passage of 

 this act shall, if they so desire, be excused from presenting their diploma. 



3820. Prescription must be for disease and in fit quantities. Physicians or 

 pharmacists shall not prescribe for any person the use of opium, morphine, 

 eng-she or cooked opium, hydrate of chloral, or cocaine, except for the cure of 

 disease, and he or she shall prescribe only in such cases and in such quantities 

 as are recognized by medical scientists as proper and fit. 



3821. Record of prescription. Physicians or pharmacists who prescribe opium 

 or any of the drugs above named shall keep a record, which shall be open to 

 public inspection, of all cases in which they have prescribed opium, or any of 

 the above-named drugs, stating the date of the prescription, the name and resi- 

 dence of the patient, the disease for which he or she prescribed, and how much 

 and how often the patient w r as instructed to use the medicine prescribed con- 

 taining any of the above-named drugs. 



3822. " Physician " and " pharmacist " defined. The word " physician," as 

 used in this act, shall be understood to mean any person who has graduated at 

 a recognized school of medicine, and who has a diploma therefrom. The word 

 " pharmacist," in this act, shall be understood to mean any person who has 

 graduated at a recognized school of pharmacy, and who has a diploma there- 

 from, or has a certificate from a board of pharmacy if there be one in "his~ 

 county ; if there be none, then he or she shall satisfactorily prove to the county 

 clerk that he or she has had not less than four years' practical experience in 

 the drug business. 



3823. Penalties. Any person who violates any of 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 fifty dollars ($50) nor more than two hun- 

 dred and fifty dollars ($250), or by imprisonment in the county jail for not 

 less than thirty (30) days nor more than ninety (90) days, or by both fine and 

 imprisonment, at the discretion of the court. 



3824. Justices have jurisdiction. Justices of the peace shall have jurisdiction 

 of offenses declared in this act. 



