CHAPTER 92

REGULATING THE SALE AND POSSESSION OF BARBITAL AND OTHER HYPNOTIC DRUGS

AN ACT REGULATING THE SALE AND POSSESSION OF BARBITAL AND OTHER HYPNOTIC DRUGS.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. No Barbital or any other hypnotic drug or somnifacient drug, defined herein, shall be sold at retail or dispensed to any person in the State of Delaware, except upon the written prescription of a duly licensed physician, dentist, or veterinarian, and no pharmacist shall dispense any such drug without affixing to the container in which the drug is sold or dispensed a label bearing the name and address of the pharmacist, the date compounded and the consecutive number of the prescription under which it is recorded in his prescription files, together with the name of the physician, dentist, or veterinarian prescribing it and the directions for the use of the drug as given on said prescription of the physician, dentist, or veterinarian.

Section 2. No manufacturer, pharmacist, jobber or other dealer in drugs shall sell or have in his possession Barbital, or any other hypnotic or somnifacient drug, unless the container bears a label securely attached thereto stating conspicuously in printed words the specific name of the Barbital or other hypnotic or somnifacient drug, and the proportion or amount thereof. Such labels shall not be necessary when such a drug is dispensed by a pharmacist upon a prescription and the container is labeled in the manner described in Section 1.

Section 3. For the purposes of this act the term Barbital shall be held to mean and include, the salts of Barbituric Acid, also known as Malonylurea, or any derivative or compound or any preparations or mixtures thereof containing more than ten grains to the avoirdupois or fluid ounce of the said substance. And the term "Other hypnotic or somnifacient drugs" shall be held to mean and indude, Sulphon ethyl methane (trional) or Sulphonmethane (Sulphonal) or Diethyl-sulphone, Diethyl-methane (Tetronal) or Paraldehyde or any derivative or compound, or any preparation or mixture containing more than ten grains to the avoirdupois or fluid ounce of the said substances and Chloral or Chloral hydrates, or Chlorbutanol, or any compounds or mixtures thereof containing more than ten grains to the avoirdupois or fluid ounce of the said substances when such Chloral or Chloral hydrates or Chlorbutanol, or compounds or mixtures thereof are to be used internally.

Section 4. The provisions of this section shall apply to any of the above mentioned drugs or any derivatives or compounds or any mixtures or preparations thereof, as above set forth, whatever may be the name under or by which the same name be called or known.

Section 5. Every pharmacist, physician, dentist, veterinarian, licensed jobber, dispensing any of the heretofore mentioned drugs shall keep an accurate record of the name and address of the patient, the date and the name and quantity of the drug dispensed, as well as an accurate record of all renewals.

Section 6. The term "physician" shall mean any duly licensed physician of any school of practice.

Approved April 6, 1939.