EDITORIAL. 
377 
"Section  I.  No  person  employed  or  in  attendance  at  any  drug  store 
or  apothecaries  shop  shall  prepare  a  medical  prescription  unless  he  has 
served  two  years  apprenticeship  in  a  drug  store,  or  is  a  graduate  of  a 
Medical  College  or  a  College  of  Pharmacy,  except  under  the  direct 
supervision  of  some  person  possessing  some  one  of  the  before-mentioned 
qualifications  ;  nor  shall  anyone  having  permanent  charge  as  proprietor, 
or  otherwise,  in  any  store  in  which  drugs  are  sold  by  retail,  or  at  which 
medical  prescriptions  are  put  up  for  sale  or  use,  permit  the  putting  up 
or  preparation  thereof  therein  by  any  person,  unless  such  person  has 
served  two  years  as  an  apprentice  in  a  retail  drug  store,  or  is  a  graduate 
of  a  Medical  College  or  a  College  of  Pharmacy. 
"  Section  2  Any  person  violating  the  provisions  of  this  act  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  punished  by  a  fine  not  ex- 
ceedirig  $100,  or  by  imprisonment  not  exceeding  six  months  in  the  county 
jail;  and  in  case  of  death  ensuing  from  such  violations  the  person  offend- 
ing shall  be  deemed  guilty  of  a  felony,  and  punished  by  a  fine  of  not  less 
than  $1000,  nor  more  than  $5000,  or  by  imprisonment  in  the  State  prison 
for  a  term  of  not  less  than  two  years  or  more  than  four  years,  or  by  both 
fine  and  imprisonment,  in  the  discretion  of  the  court. 
"  Section  3.    This  Act  shall  take  effect  immediately." 
The  object  of  the  Act  is  evidently  to  prevent  incompetent  persons  from 
dispensing  physicians  prescriptions,  and  so  far  as  it  accomplishes  that 
important  purpose  it  is  praiseworthy  ;  but  will  it  be  effective  ?  Firstly, 
we  would  query  whether  it  is  aimed  at  the  offending  junior,  who  has  not 
been  two  years  at  the  pestle,  or  is  it  directed  to  the  proprietor  ?  If  the 
junior's  act  causes  death,  does  he  or  the  employer  suffer  fine  and  imprison- 
ment ?  We  presume  it  is  for  the  latter  as  the  responsible  party,  and  yet 
it  might  become  a  question,  and  should  be  distinctly  stated.  So  far  as 
we  can  see,  this  law  takes  no  cognizance  of  mistakes  and  death  caused  by 
proprietors  and  graduates  in  pharmacy.  The  worst  feature  of  the  bill  is 
that  a  medical  diploma  gives  authority  to  practice  pharmacy.  It  is  quite 
usual  to  laud  the  manner  in  which  pharmacy  is  practiced  in  Germany, 
France  and  other  continental  countries  of  Europe,  yet  in  those  countries 
physicians  are  not  permitted  to  practice  pharmacy  except  in  the  rural 
districts,  and  then  not  within  three  miles  of  the  nearest  apothecary.  Is 
this  because  the  medical  education  of  Europe  is  inferior  to  ours?  No, 
it  is  because  the  authorities  find  it  safer  and  to  the  advantage  of  the  com- 
munity to  separate  the  prescriber  and  the  dispenser,  one  being  a  check 
on  the  other.  So  it  should  be  here.  Evidence  of  a  proper  qualification 
should  be  exacted  of  all  who  practice  pharmacy,  and  then  regulate  the 
cases  of  malpractice  by  the  Common  Law.  This  New  York  law,  how- 
ever, bears  only  on  persons  whose  period  of  service  has  not  reached  two 
years ;  all  others,  medical  doctors  included,  go  scott  free  so  far  as  this 
particular  law  is  concerned. 
