Drafts of Bills.
Relating to Sales of Narcotics and of Proprietary Medicines Containing Alcohol.
On December 27 and 28, 1905, upon the invitation of the Legislative Committee of the American Pharmaceutical Association, a conference was held at the Hotel Stratford in Chicago to consider legislation to regulate the sale of narcotics and proprietary compounds containing alcohol. There were present at this conference delegations representing the American Pharmaceutical Association, the Proprietary Association of America, the National Wholesale Druggists' Association and the National Association of Retail Druggists.
The delegates were not authorized to take final action as to any particular form of a law, but were merely appointed to confer together and refer back to the bodies which appointed them. There was considerable discussion and the following was regarded as a good working basis for a discussion of possible laws to regulate the sale respectively of narcotics and of proprietary compounds containing alcohol.
Albert E. Ebert,
Of the American Pharmaceutical Association.
J. M. Good,
Of the National Association of Retail Druggists.
M. N. Kline,
Of the National Wholesale Druggists' Association.
John W. Kennedy,
Of the Proprietary Association of America.
To Provide Against the Evils Resulting From the Traffic in Certain Narcotic Drugs, and to Regulate the Sale Thereof.
Be It Enacted by the General Assembly of the State of • .
Section I. That it shall be unlawful for any person, firm or corporation to sell, furnish or give away any cocaine, alpha or beta eucainc, opium, morphine, heroin, chloral hydrate or any salt or compound of any or the foregoing substances, or any preparation or compound containing any of the foregoing substances, or their salts or compounds, except upon the original written order or prescription of a lawfully authorized practitioner of medicine, dentistry or veterinary medicine, which order or prescription shall be dated and shall contain the name of the person for whom prescribed, or if ordered by a practitioner of veterinary medicine shall state the kind of animal for which ordered, and shall he signed by the person giving the prescription or order. Such written order of prescription shall be permanently retained en file by the person, firm or corporation who shall compound or dispense the articles ordered or prescribed, and it shall not be again compounded or dispensed, except upon the written order of the original prcscriber for each and every subsequent compounding or dispensing. No copy or duplicate of such written order or prescription shall be made or delivered to any person, but the original shall at all times be open to inspection by the prescribcr and properly authorized officers of the law.
Provided, however, that the above provisions shall not Apply to preparations containing not more than two grains of opium or not more than one-fourth grain of morphine, or not more than one fourth a grain of heroin, or not more than one-eighth grain of cocaine, or not more than one-eighth grain of alpha or beta eucaine, or not more than ten grains of chloral hydrate, in one fluid-ounce, or if a solid preparation, in one avoirdupois ounce. Provided also that the above provisions shall not apply to preparations containing opium and recommended and sold in good faith for diarrhea and cholera, each bottle or package of which is accompanied by specitic directions for use, and a caution against habitual use, nor to powder of ipecac and opium commonly known as Dover's Powder, nor to liniments or ointments when plainly labeled "for external use only.'' And provided further that the above provision shall not apply to sales at wholesale by jobbers, wholesalers and manufacturers to retail druggists or qualified physicians, or to each other, nor to sales at retail by retail druggists to regular practitioners of medicine, dentistry or veterinary medicine, nor to sales made to manufacturers of proprietary or pharmaceutical preparations for use in the manufacture of such preparations, nor to sales to hospitals, colleges, scientific or public institutions.
Sec. 2. It shall be unlawful for any practitioner of medicine. dentistry or veterinary medicine to furnish to or to prescribe for the use of any habitual user of the same any cocaine, heroin, alpha or beta eucaine, opium, morphine, chloral hydrate, or any salt or compound of any of the foregoing substances, or any preparation containing any of the foregoing substances or their salts or compounds. And it shall also be unlawful for any practitioner of dentistry to prescribe any of the foregoing substances for any person not under his treatment in the regular practice of his profession, or for any practitioner of veterinary medicine to prescribe any of the foregoing substances for the use of any human being.
Provided, however, that the provisions of this section shall not be construed to prevent any lawfully authorized practitioner of medicine from furnishing or prescribing in good faith for the use of any habitual user of narcotic drugs who is under his professional care such substances as he may deem necessary for their treatment,
when such prescriptions are not given or substances furnished for the purpose of evading the provisions of this act.
Sec. 3. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction for the first offense shall be fined not less than $25.00 nor more than $50.00, and upon conviction for a second offense shall be fined not less than $50.00 nor more than $100.00, and upon conviction for a subsequent offense shall be fined not less than $100.00 nor more than $200.00, and shall be imprisoned in the county jail for not more than six months and if a licensed pharmacist, physician, dentist or veterinary surgeon, his license shall be revoked. It shall be the duty under this act of ail judges of the courts of common pleas in this State, at every regular term thereof, to charge all regularly impaneled grand juries to diligently inquire into and investigate all cases of the violation of the provisions of this act and to make a true presentment of all persons guilty of such violations. It shall be the duty of the Board of Pharmacy to cause the prosecution of all persons violating the provisions of this act. No prosecution shall Ix.* brought for the sale of any patent or proprietary medicine containing any of the drugs or preparations hereinbefore mentioned until the Hoard of Pharmacy shall certify that such medicine contains any of the said drugs or preparations in excess of the maximum percentages hereinbefore mentioned.
Sec. 4. In any proceedings under the provisions of this act the charge may be brought against any or all of the members of a partnership, or against the directors or executive officers of a. corporation, or against the agent of any person, partnership or corporation.
Sec. 5. All laws and parts of laws in conflict with this act are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after the day of 19
To Regulate the Sale of Certain Proprietary Medicines.
He It Enacted, Etc.
Section 1. Any proprietary medicine which contains a percentage of alcohol greater than is reasonably necessary for the extraction and dissolving of the active constituents of the druies used in the preparation of said medicine or to prevent the precipitation of such active constituents, or to preserve the medicine from fermentation or freezing, shall be deemed to be an intoxicating liquor and shall be sold only under the provisions of the law regulating the sale of intoxicating liquors. Provided that this act shall not be construed to apply to preparations compounded according to any formula embraced in the United Slates Pharmacopeia or the National I'ormulary, when sold under a title recognized by the said t'nited States Pharmacopeia, or National Formulary.
Sec. 2. No prosecution shall be brought for the sale of any proprietary preparation in violation of the provisions of this act unless the Hoard of Pharmacy shall, after due investigation, certify that such proprietary preparation contains alcohol in a percentage greater than the limit fixed by Section 1.
Thirty years ago cod liver oil had to be forced down the patient's throat. Invalids could not take it and the children would not. But the doctors prescribed it and it had to be taken. Yet it cured people, for it has ever been the greatest of all tissue-builders and general reconstructives. About 1874 came the change. Tt was then Scott's Emulsion first appeared. The days of dreading the dose ceased. Cod liver oil taking became easy. The palate was pleased, the stomach was satisfied, the patient prospered and the doctor was delighted. Druggists everywhere commenced to order the old remedy in its new dress. And from those early days began the enormous' demand of today for cod liver oil. Scott & Bowne are responsible to a great extent for the present extensive use of cod liver oil either plain or as an emulsion. They first made it palatable, fir^t made it popular, first extensively told of its therapeutic value, first brought out a pleasant, permanent emulsion of the oil with hypophosphites. Thirty years have passed and, notwithstanding the countless thousands of imitations, Scott's Emulsion is known to be the standard preparation and most staple and reliable emulsion on the market.