89 



NEW MEXICO. 



AN ACT regulating the sale of drugs, medicines, and poisons. 



Be it enacted by the Legislative Assembly of the Territory of New Mexico : 



SECTION 1. That from and after the passage of this act it shall be unlawful for 

 any person, not a registered pharmacist within the meaning of this act, to conduct 

 any drug store, pharmacy, apothecary shop or store for the purpose of retailing, 

 compounding, or dispensing medicines in the Territory of New Mexico, except as 

 hereinafter provided. 



SEC. 2. That it shall he unlawful for the proprietor of any such store or pharmacy 

 to allow any person, except a registered pharmacist, to compound or dispense the 

 prescriptions of physicians, except as an aid to, and under the supervision of, a reg- 

 istered pharmacist. 



Any person violating the provisions of this section shall he deemed guilty of a 

 misdemeanor, and on conviction shall be liable to a fine of not less than five nor 

 more than one hundred dollars. 



SEC. 3. The governor shall appoint five persons, all of whom shall have been resi- 

 dents of the Territory for three (3) or more years and of at least eight (8) years' 

 practical experience as druggists or pharmacists, who shall be known and styled 

 "the board of pharmacy" for the Territory of New Mexico, one of whom shall hold 

 the office for five (5) years; one for four (4) years; one for three (3) years; one for 

 two (2) years; one for one (1) year in the first instance; and thereafter the gover- 

 nor shall annually appoint one (1) person, to serve as a member of the board for 

 five (5) years. The persons so appointed shall constitute the board of pharmacy 

 and shall hold the office for the term for which they were appointed, or until their 

 successors are duly appointed and qualified. They, the said board, and each of 

 them, shall, within ten (10) days after their appointment, or being apprised of the 

 same, take and subscribe the usual official oath, before a properly qualified officer of 

 the county in which they reside. The said board shall organize within thirty (30) 

 days from and a|^r their appointment, and annually thereafter, by the election of a 

 president and secretary. A majority of the board shall constitute a quorum for the 

 transaction of business. Said board shall have the power to make by-laws and all 

 necessary regulations for the proper fulfillment of their duties under this act, with- 

 out expense to the Territory. Any vacancy occurring in said board shall be filled 

 by an appointment by the governor for the unexpired term. 



SEC. 4. The board of pharmacy shall register, in a suitable book, a duplicate of 

 which shall be kept in the office of the secretary of the Territory, the names and 

 places of residence of all persons to whom they issue certificates and the dates 

 thereof. 



It shall be the duty of said board of pharmacy to register, without examina- 

 tion, as registered pharmacists, all druggists and pharmacists who are engaged 

 in business in the Territory of New Mexico at the passage of this act, as owners, 

 principals, or clerks of stores for retailing, compounding, or dispensing drugs, medi- 

 cines, or chemicals for medicinal use, or for compounding and dispensing physicians' 

 prescriptions: Provided, No druggist's clerk shall be so registered unless he be 

 eighteen (18) years of age and has been engaged in some store or pharmacy where 

 physicians' prescriptions were compounded and dispensed for the space of three (3) 

 years next preceding the passage of this act. 



In case of the failure or neglect of any person to apply for registration within 

 sixty (60) days after the organization of the said board of pharmacy, he shall have 

 forfeited the privilege of registering without examination, and he shall only be 

 registered after examination, as set forth in section 5 of this act. 



SEC. 5. That the said board of pharmacy shall, upon application, and at such 

 time and place and in such manner as they may determine, examine each and every 

 person who shall desire to conduct the business of selling at retail, compounding, or 

 dispensing drugs, medicines, or chemicals for medical use, or compounding or dis- 



