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Bl^ITI^H COLOMBIA ^p^\^H A(JT

AM)—

BY-LA^?VS

—OF THE-

BRITISH COLUMBIA

i^tlt ,

VICTORIA, B. C:
Jfte. A. Cohen, Printer, 38 Fort Street

1891.

AN ACT

To Establish a Pharmaceutical Association in
the Province of British Columbia.

WHEREAS it is expedient for the benefit of
tlie public that tliere should, by enaetrnent,
be established a certain standard of qualification
required by those persons engaged in the pro-
fession of Pharmacy:

Therefore, Her Majesty, by and with the
iidvice and consent of the Legislative Assembly
of the Province of British Columbia, enacts as
folio w|;: —

1. This Act shall be cited as the '* Pharmacy
Act, 1891."

2. There is hereby established, within and for
the Province of British Columbia, an association
which shall be known as *^ The Pharmaceutical
Association of British Columbia.''

3. The Association is hereby incorporated
under the name and stvle of **The Pharmaeeut-
ical Association of the Province of British
Columbia.'' and the said Association shall be
<leemed to be a l)ody politic and corporate, with
()Ower to acouire, hold and dispose of such i^al
«ind personal property as may be necessary for
the purposes and benefits of the Association,
and to sue and be sued; and every person who
may be registered hereafter under the provisions
of this Act shall be a member of the said
Association.

1533D2

4. The affairR of the AsBociation 8hall be con-
ducted by a Council composed of six Licentiates
of Pharmacy, members of this Association resi-
dent in tliis Province, three of whom retire
annually, according to seniority, eligible for re-
election. Four members shall constitute a
quorum.

5. This Council shall be elected as the by-laws
of the Association may direct.

6. The first Council shall be appointed by the
Lieutenant-Governor in Council, three to nerve
for one year, and three for two years, and shall
continue in oflflce until their successors are
elected.

7. The Council of the Association has power —

(a.) To frame such by-laws for the said
Association as they shall deem proper
and necessary for the purposes contem-
plated by this Act, to alter and amend
such by-laws from time to time, and to re-
peal the same in whole or in part, and
substitute others therefor, subject to the
approval of a majority of the members of
the Association, one month's notice
having? been previously given to the
meml^ers of this Association to that eifect:
Provided always that such by-laws shall
be subject to the approval of the Lieuten-
ant-Governor in Council.

{b.) To elect at their first meeting subsequent
to the annual elections, from among their
members, a President and a Vice-Presid-
ent, also a Secretary -Treasurer, who shall
act as Registrar, he t^) be appointed frorrk
among the members of the Association:

(c.) To elect persoim to replace members of the
Council who di*^, resign, or are removed;
such persons must be chosen from among
the members of the Association:

(d.) To elect as honorary and cornsspondlng
memt)ers of the Association such persons
as may be eminent for their scientiflo
attainments, tiuch honorary members
shall not, as such, be entitled to vote at el-
ections, or to ranlt as Licentiates of Phar-
macy:

(e.) To sell, mortgage, control, and manage
the real and personal property of tne
Association, subject to the by-laws thereof:
but no sale or mort^^e of any property of
the Association shall be made, except
with the approbation and concurrence of
a malority at a general meeting of the
members of the Association specially
called for such purpose:

(/.) To appoint annually, at its first meeting
after the annual general meeting of the
Association, a Board of examiners.

8. It shall be the dutv of the Registrar to keep
a record, in which shall be registered the names,
residences, and place of business of all persons
authorized under this Act to practice pharmacy
in this Province; also the names of all certified
apprentices, their residences, and by whom they
are employed; and to grant, on application, cer-
tificates of such registration upon the payment
of the prescribed f3es; and to perform such other
work as shall be set forth in the by-laws of the
Association.

9. The annual general meeting of the Asso-
ciation shall be neld alternately in Victoria,
Vancouver, 'Sew Westminster and Nanaimo, or
such other place as the Council may direct, on
the second Thursday in the month of June of
each year, or on sucn other day near thereto as
shall be determined upon oy the Council.
Votes by proxy in writiniy^ shall be legal at all
meetings. Special meetings may be called by
the President, upon the written request of ten
members of the Association, which request shal i
state the business to be transacted, and at such
meeting that business only shall be transacted.

10. The Board of ^Examiners shall examine
the candidal « and grant such certificates or
diplomas as they may think proper to those
WQom they deem qualified to be ** Licentiates
of Pharmacy " or "certified apprentices. ''

11. The Board of Examiners shall dispense
with the examination and accept in lieu thereof
authenticated certificates of examination by
authori.'sed Examining Boards of any Pharma-
oeutltAl Association. Such certificates must be
^accompanied by certificates of good moral
character, and shall be subject to such other
regulations as may be provided for In the by-
laws of this Association: Provided that the
by-laws of the Association shall not require on
the part of the applicant any previous resident-
ial qualification.

12. That it shall be unlawful for any
person to practise, or attempt to practise,
the profession of a chemist and clruc;gi8t,
or assume or use the title of Chemist
and Druggist, or Chemist, or Druggist, or
Pharmacist or Apothecary, or Dispensing Cbein*

\h\, or DiHpenHiiig Druggist, within the liuiiU
of an incorporated city ov town, or on© mile
thereof, in tlie Province of British Columbia,
without having f^rst received a diploma from
the faculty of some "putable College of Phar-
macy duly authorlzfjd by the laws of Great
Britain or its dep'^ridencies, f^v the laws of some
foreign Governi^ont, aDd without having had
issued to him a certi^^ate under the provisions
of this Act: Provided, that all persons who, at
rtny time before the coming into force of this
Act, were practising in this Province on their
own account as chemists and druggists or
apothecaries, are entitled to be registered in con-
formity with this Act as Licentiates of Phar-
macy upon producing before the Registrar
evidence of their having exercised their profess-
ion as aforesaid: Provided, also, that all clerks
who have acted in that capacity for at least four
years prior to the passing of this Act, and are,
at the time of the passing of this Act, so engaged
in this Province, shall 1^ entitled to be placed
on the Registry as Ijicentiates, and that all
apprentices, who are acting as such at the time
of the passing of this Act, shall be entitled to be
placed on the Registry as certified apprentices,
and the time they have already served in such
capacity shall be allowed them.

13. All persons qualified by this Act to engage
In the practice oi Pharmacy within the Pro-
vince shall, within three months after the
passing of this Act, cause their names, residences,
and places of business to be registered with the
aforesaid Registrar, upon whicn the said Regis-
trar shall issue to such persons a certificate,
duly signed by the officers of the Association,
and which certificate shall entitle the person to
whom it is issued to all the rights and privileges

set forth in this Act. Brauch stores in tlie
incorporated cities or towns witliin the Province
must be under the immediate management of a
Licentiate of Pharmacy; and it shall also be
unlawful for any person carrying? on business
under the provisions of this Act to employ any
clerk or apprentice who is not qualified under
this Act.

14. Every person having been registered
under thi» Act as a Licentiate shall, on retiring
from business as a chemist and druggist, give
notice to the Registrar in writing of that fact, in
default of which he shall remain liable for his
annual registration fees: Provided, that it shall
be lawful for any such such person to resume
the business of chemist and druggist at any
time after retiring therefrom as aforesaid, upon
giving notice in writing tr^ the Registrar of his
intention so to do, and upon payment to him of
the then current annual registration fee.

15. To provide for the proper enforcement of
this Act, the said Council snail be entitled to
the following fees, viz: — For each certificate
Issued to a Licentiate of Pharmacy engaged in
business on his own account, or in partnership
with any other person, a sum not exceeding ten
dollars annually ; for each certificate issued to a
Licentiate of Pharmacy, acting in the capacity
of a clerk, a sum not exceeding five dollars
annually ; and for each apprentice, a sum not
exceeding twc dollars annually.

16. No person shall within the limits of any
incorporated city or town in this Province keep
open shop for the retailing, dispensing or com-
pounding poisons, or s«ll, or actompt to sell, any
of the articles mentioned in Schedule "A" to

this Act, unless such person is i^egistered under
this Act under the penalty set fortli in section 21
in this Act.

17. Articles named or described in Schedule
*'A'^ shall he deemed to be poisonous within the
meaning of this Act; and the Raid Council herein-
before mentioned may from time to time by
resolution declare that any article in such res-
olution named ought to be deemed a poison
within the meaning of this Act, and thereupon
the said Council shall submit the same for the
approval of the Lieutenant-Governor in Council ;
and if such approval is given, then such reso-
lution and approval shall be advertised in the
British Columbia Gazette, and on the expiration
of one month from such advertisement the
article named in such relolution shall be deemed
to be a poison within the meaning of this Act,
and the same shall be subject to the provisions
of this Act, or such of them may be directed by
the Lieutenant-Governor in Council.

18. No person shall sell any poison named in
Schedule **A" either by wholesale or retail
unless the box, bottle, vessel, wrapper or cover
in which such poison is contained is distinctly
labelled with the name of the article and the
word "poison," and if sold by retail, then also
with the name and address of the proprietor of
the establishment in which such poison is sold;
and no person shall sell any poison mentioned
in Schedule **A" to any person unknown to the
seller unless introdueed by some person known
to the seller, and on every sale of any such
article the person actually selling the same
shall, before delivery, make an entry in a book
to be kept for that purpose in the form set forth
in Schedule) '*C" to this Act stating the date of the

sale, the name and address of the pnrohaserf the
name and quantity of the article sold, the purpose
for which it is stated by the purchaser to be
required, and the name of the person, if any, who
introduced him, to which entry the signature of
the purchaser shall be affixed, under the penalty
set forth in section 21 of this Act.

19. Any article enumerated in Schedule "B*' to
this Act shall not be sold unless the container of
such be distinctly labelled with the name of the
article, name and addrriss of the seller, and the
word **poison'* affixed thereto, under the penalty
set forth in section 21 of this Act.

20. Any person selling any poison in violtiaon
of this Act, or contravening any of the provisions
of this Act, shall for the first offence incur a pen-
alty not exceeding twenty dollars and costs of pro-
secution, and for each offence committed subse-
quent to such conviction a penalty not exceeding
fifty dollars and costs of prosecution, to be
recovered in a summary manner before two
Justices of the Peace or Police Magistrate, on the
oath of one or more credible witnesses.

21. In any prosecution under this Act it shall be
incumbent upon the defendant to prove that he is
entitled to sell or keep open shop for compounding
medicines or retailing poisons, and to assume the
title of chemist and druggist, and other title men-
tioned in section 12 of this Act, and the production
of a certificate purporting to be un ier the hand of
the Registrar of this Association showing that he
is so entitled shall be prima facie evidence that be
is so entitled.

22. Nothing in this Act shall prevent any person
whatever from selling goods of any kind to any
person legally authorized to carry on the business

of an apothecary, chemists or druggist, or the pro*
fession of a doctor of medicine, physician or
snrgeon, dentist or veterinary surgeon, nor prevent
the members of such professions supplying to their
patients such medicines as they may require, noi
interfere with the business of wholesale dealers in
supplying poisons or other articles in the ordinary
course of wholesale dealing.

23. Upon the decease of any person legally
authorized and actually carrying on the busmess
of chemist and druggist at the time of his death
it shall be lawful for the executor, administrator or
trustee of the estate of such person to continue
8uoh business bona fide, provided it is conducted
by a Licentiate of Pharmacy registered under this
Act, provided such executor, administrator or
trustee continue to pay the annual registration fee
hereby directed to be paid by members of the said
Pharmaceutical Association,

24. The Secretary of the said Council shall, oa
or before the fifteenth day of January in each and
every year, enclose to the Provincial Secretary a
list of all persons to whom certifksates have been
granted., and the qualifications therefor, and such
lists shall be published in the British Columbia
Gazette.

25. If any person after a period of three monthfi
after the passing of this Act not holding a valid
•certificate practises the said profession of phar-
macy within the limits prescribed in clause twelve,
or wilfully and falsely pretends to hold a certificate
under this Act, or takes or uses any name, addit-
ion or description implying that he is duly author-
ized to practise the profession or calling of phar-
macy, he shall, upon summary conviction thereof
before any two Justices of the Peace or Stipend-
iary Magistrate, for any and every such ooenoe.

pay a penalty not exceedinir one himtlreil dollars
nor less than twenty-five dollars .

26. Any person who presents a prescription to
any qualified druflfgist to be filled shall be entitled
to have such prescription returned to him by such
druggist.

27. It shall be lawful for the Lieutenant-Grover-
nor in Council to appoint a fit and proper person
to be known as ''Public Analyst,'* who must be a
member of the Pharmaceutical Association, and
who may be allowed to charge such fees in respect
of analyses to be made by him as the Lieutenant-
Governor in Council may approve.

28. Nothing in this Act shaH prevent any duly
qualified members of the medical profession or
surgeon from engaging in or carrying on the bus-
iness of an apothecary, chemist or druggist with-
out registration under the provisions of this Act

18
SCHEDULE A,

LisT OF Poisons.

Aconite and its preparations.

Arsenic and its preparations.

Belladonna and its preparations.

Cantharides.

Corrosive Sublimate.

Cyanide of Potassium and all metallic
cyanides.

Ergot of Rye and its preparations.

Essential Oil of Almonds,, unless deprived
of Prussic acid.

Euphorbium.

Opium and its preparations, except Pare-
goric and Syrup of Poppies.

Prussic Acid.

Savin and its oil.

St. Ignatius' Bean.

Strychnine and all poisonous vegetable alk-
aloids and their salts.

Tartar emetic .

SCHEDULE B.

Acetate of lead.
Oxalic Acid.
Calabar Beans,
Chloral Hydrate.
Chloroform and Ether.
Croton Oil and Seeds.
Elaterium, Goulard's Extnict,
Hellebore.

Henbane and preparations.

Iodine.

Phosphorus.

Red and White Precipitate.

Verdigris.

Sulphate of Zincv

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BY^LAWTS.

QUALIFICATIONS FOB MEMBERSHIP.

1. All Licentiates of Pharmacy whose names
appear on the Annual Register are members of the
Pharmaceutical Association of the Province of
British Columbia.

2. There shall be payable to the Registrar of the
Association for the uses of the Association, the
following Annual Fees:—

Licentiate of Pharmace carrying on

business $10 00

Licentiates, employed as Clerks 5 00

Certified Apprentices 2 00

3. These fees are due in advance on the first day
of May in each year, and must be transmitted to
the Registrar; and every such Licentiate or Ap-
prentice not paying by the first day of June shall
be removed from the Register, and shall lose the
privileges conferred on him by the Pharmacy Act
1891 of British Columbia; but he shall be restored
on payment of the fees and a fine of $5.00. It is
further provided that employers shall be held re-
sponsible for the payment of the fees of all Licen-
tiates and apprentices in their employ.

ELECTION OF COUNCIL.

4. The election of the Council shall take place at
the Annual Meeting of the Association, and the
mode of election shall be as follows:— Two months

previous to the election every member of the As-
sociation entitled to vote may send to the Regis-
trar a nomination of not more than three names,
who must be members in fall standing, such nom-
inations to be received by the Registrar not later
than twenty days previous to the election. The
Registrar shall, if possible, ascertain whether such
nominees will accept office if elected. He shall
then send the names of the candidates, together
with the names of the Council in office, designat-
ing those who retire but who are eligible for re-
election, to each member of the Association entit-
led to vote, who shall designate his choice not
exceeding three persons, on a voting paper pre-
pared by the said Registrar: and such paper must
be mailed so as to be received by the said Registrar
not later than noon on the Tuesday preceding the
day of election. The voting papers shall be sub-
mitted by the Registrar to two scrutineers, who
shall be appointed by the Association.

MEETINGS OF THE ASSOCIATION.

5. Four weeks' notice shall be given by the
Secretary-Treasurer to members of the Asssciation
by mail, of all annual meetings of the Association.

6. At all annual, general and special meetings
of the Association, twelve members shall consti-
tute a quorum. Should no quorum be present
within 30 minutes of the time stated, the President
or in his absence the Registrar shall have power to
adjourn the meeting,

MEETINGS OF COUNCIL.

7. The Council shall meet for the transaction of
business on the second Thursday of March, June,
September and December of each year, or at such
days near thereto as the Council may decide, or at
8hort.er intervals, if necessary, on the call of the

». 1

k. I

President. Four memberFi shall constitute a
quorum. All motions shall be decided by a show
of hands, except in cases of a ballot, which may be
demanded by any member. Should the number
be equal, the chairman shall have a casting vote.

8. The Council shall elect from amongst them-
selves such committees as may be necessary for
any special purpose. The President shall be ex-
officio a member of all such committees.

9. There shall be allowed and paid to each mem-
ber of the said Council such travelling expenses as
they may necessarily incur for such days only as
they may be in active attendance on the business
of the Association.

ORDER OF BUSINESS.

10. At the Annual meetings, the Order of
Business shall be c^s follows:—

Reading of Minutes.

Annual Report of Council.

Registrar and Treasurer's Annual Statement.

Auditors' Report.

President's Address.

Election of Council.

Miscellaneous Business.

At all Council Meetings the Order of Business
shall be as follows:—

Reading of Minutes.

Business arising therefrom.

Reading of correspondence by Secretary,
and considering same.

Reports of Committees received and consid-
ered.

Treasurer's Quarterly statement.

Unfinished business.

Now business.

THE EXAMINATIONS.

11. The regular examinations of the Association
shall be held on the first Wednesday and Thurs-
day of April and October in each year, or such
days near thereto as may be determined by the
Council, provided, however, that candidates for the
preliminary examination may be examined at any
time by the special examiner, appointed by the
Council for such purpose.

12. The fees to be paid by the candidates prior
to presenting themselves for examination shall
be: — For the preliminary examination, $2.00, and
for Licentiate of Pharmacy examination, $20.00.
No portion of a fee will, under any circumstances
be returned, but candidates who have failed to

Eass an examination will only be required to pay
alf the usual fee when they present themselves a
second time. Candidates must give notice to the
Plegistrar, in writing, of their intention to present
themselves, at least two weeks before the day
fixed for the examination. Any person entering
his name for examination and not presenting him-
self will forfeit the whole of his deposited fees,
unless he can produce sufficient cause for not pre-
senting himself, to the satisfaction of the Council.
Any person applying for Registration on Dip-
loma from any other Pharmaceutical Association,
must present such diploma at least 30 days before
the meeting of the Examining Board.

13. Candidates for the prelmiinary examination
must be at least fourteen years of age, and of good
moral character, and pass an examination in
English equal in standing to that of the High
School entrance Examination in British Columbia,
which certificates may, however, be accepted in
lieu of such examination, togetner witli a rudi-
mentary knowledge of Latin.

14. Candidates for Licentiate of Pharmacy ex-
amination must have previously been duly regis-
tered as certified apprentices. They must also
produce evidence of having served four years in a
drug store. They shall pass an efficient examin-
ation in practical dispensing, reading and
translating prescriptions, parmaceutical chem-
istry, pharmacy, materia medicu and botany.
The number of marks required in examinations on
these subject shall be as follows :— Dispensing 75
per cent.; Beading and translating of prescriptions,
75 per cent.; Pharmaceutical Chemistry, 50 per
cent.; Pharmacy, 50 per cent.; Materia Medica, 50
per cent.; Botany, 50 per cent.

15. All persons examined in accordance with the
foregoing by-laws, shall, after having passed their
examinations and paid their examination fees,
receive certificates in such form as shall from time
to time be determined upon by the Council.

DUTIES OF OFFICEBS.

16. The President shall, when present, preside
at all meetings of the Association, put all motions
and declare the results. Should the members be
equal in any vote, the chairman shall have a cast-
ing vote. He shall advise with the Secretary-
Begistrar, respecting any urgent business that may
arise in the interval between the meetings of the
Council, and shall exercise a gener; \ supervision
over the affairs of the Association, had be ex-offi-
cio chairman of all committees. He shall also
have charge of all bonds given as sureties by officers
for the proper discharge of their duties.

17 The Vice-President It shall be duty of the
Vice-President to perform the duties of the
President during his absence.

18. The Secretary-Treasurer and HegUtrar. It
shall be the duty of the Secretary-Treasurer and
Etegistrar to take charge of the funds of the Asso-
ciation and to deposit the same in such bank as
may be decided upon by the Council. He shall
also keep a cash b(K>k which shall be open to the
inspection of the Council, and shall pay only such
accounts the payment of which has been previously
ordered by the Council or in uigent cases by the
President. He shall at each quarterly meeting
render a summary of all receipts and e penditures
since the last meeting. He shall fur »r present
at each annual meeting a detailed statement of the
accounts of the Association.

19. All payments shall be made by cheques,
which must be signed by the Secretary-Treasurer
and countersigned by the President or in his
absence by the Vice-President.

20. The Secretary-Treasurer shall be required to
furnish a satisfactory bond or bonds for $500.00.

21. The Secretary-Regisirar shall make out such
registers as are required by Section VIII of the
Pham acy Act 1891 of British Columbia, and shall
make ew registers annualhr in accordance with
the pi visions of said Act. The new registeirj shall
be laic before the Annual Meeting.

22. ' he Secretary-Registrar shall superintend
the af iirs of the Association, under the direction
of the President and Council. He shall keep the
record of the Association, conduct the correspond-
ence, issue all summonses and notices, record the
minutes of all meetings and read them.

23. All applications received by the Registrar
for examination and registration under the various
clauses of the Act relating to such matters shall be
entered in a book to be kept for that purpose.

The Ref^Btrar nhall uot place the name of any
Licentiate or certified Apprentice on thd Register
until the hereinbefore mentioned annual fees be
paid. Provided, that no reflnstration Bhall be
made until it is proven to tlie RatiBfaction of the
Begistrar that the applicant ia entitled to be regis-
tered under the Act.

24. Any Licentiate or Apprentice requiring a
duplicate copy of his certinoate of registration
sliall obtain the same from the Registrar on pay-
ment of the sum of one dollar for small certificates
or three dollars for a large diploma.

AUDITORS.

25. It shall be the duty of the Auditors to
inspect the Secretary-Treasurer and Registrar's
books, to examine end compare all vouchers, and
to certify to the correctness of the annual balance
sheet prepared by the Treasurer which must be
duly signed and presented to the annual meeting
of the Association.

26. The Council of the Association shall supply
any vacancy, and may remove any member of the
Board of Examiners and substitute another person
in his place; and may, also appoint a special
examiner to conduct the first or preliminary
examination.

27. The Board of Examiners shall meet for the
purpose of conducting the examinations at such
times and places as the Council of the Association
shall direct, and the Board shall report the result
of every examination to the Council at the meeting
immediately following same.

28. The Board of examiners shall conduct all
examinations according to such regulations as

Bhajl be made and adopted by them, and which
snaJi have been approved by the Council.

29. Each examiner shall receive from the funds
of the Association a sum not exceeding ten dollars
for each examination and such travelling expenses
as are necessarily incurred.

30. The common seal of the Association shall
-onsist of such design as shall be decided by
the Council, and shall be in the custody of the
Kegistrar, who shall with the consent and in the
presence of the President, Vice-president, or some
member of the Council, specially appointed for
that purpose, affix the same to all documents
requiring it.