CHAPTER 143

STATE BOARD OF PHARMACY REGISTRATION AND CERTIFICATION OF APPRENTICES

AN ACT TO AMEND CHAPTER 28 OF THE REVISED CODE OF DELAWARE, 1935, ENTITLED, "STATE BOARD OF PHARMACY", WITH REFERENCE TO REGISTRATION AND CERTIFICATION OF APPRENTICES IN A REGISTERED PHARMACY OR DRUG STORE.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected to each House agreeing thereto):

Section 1. That Chapter 28 of the Revised Code of Delaware, 1935, as amended, be further amended by adding after 956 D. Sec. 25. a new section to be designated 956 E. Sec. 26., as follows:

956 E. Sec. 26. Apprentice in Pharmacy or Drug Store; Qualifications, Registration and Certification; Duty of Pharmacist, Employer and the State Board of Pharmacy; Authority of Apprentice; Experience Required; Experience Gained in Other States; Penalty for Violations; Jurisdiction of Courts:--That on and after the approval of this Act every person who shall enter a pharmacy or drug store with the intention of becoming a pharmacist shall make application to The State Board of Pharmacy on a form furnished by it for registration and certificate as registered apprentice. The fee for such registration and certificate shall be Three Dollars ($3.00), which sum shall accompany the application.

It shall be the duty of any registered pharmacist or other employer who takes into his or its employ an apprentice for the purpose of becoming a pharmacist, to require such person to apply to The State Board of Pharmacy for registration as apprentice; and for failure to see that every apprentice employed by him or it is registered, such registered pharmacist or other employer shall be liable as for a violation of this Act.

Every applicant for apprentice registration must be at least sixteen years of age. The State Board of Pharmacy shall establish the preliminary educational qualifications and furnish upon request proper blanks for the purpose of registration and the issuance of a certificate.

A certificate shall be issued to the applicant in all cases where the said Board is satisfied with the qualifications of the applicant and with said applicant's compliance with all rules and regulations of the Board.

Any person who may have served part of his apprenticeship in any other state not requiring such registration shall be obliged to give proof of such service satisfactory to The State Board of Pharmacy.

Time spent as an apprentice in the employ of a retail pharmacy prior to the passage and approval of this Act by a person then so employed shall be credited to the apprentice at the time of registration upon satisfactory proof of such service being furnished The State Board of Pharmacy.

A registered apprentice pharmacist shall have the right, in the presence and under the personal supervision of a pharmacist or assistant pharmacist, but not otherwise, to prepare or dispense recipes or prescriptions and to sell or furnish medicines or poisons.

The beginning of the term of practical experience required of applicants for registration as pharmacists shall be computed from the date of registration as apprentice.

Any person who shall make any false representation to procure registration for himself or any other person shall for each and every offense be liable to the penalty prescribed in this Act for any violation thereof.

Whoever shall be convicted of violating any of the provisions of this Act shall be fined not less than Five Dollars ($5.00), nor more than Twenty-five Dollars ($25.00) for each offense.

Any Justice of the Peace of the State of Delaware, the Court of Common Pleas for New Castle County, the Court of Common Pleas for Kent County or the Municipal Court of the City of Wilmington; shall have jurisdiction of any offense arising under this Act; any person, firm or corporation convicted of such offense before any such Justice of the. Peace or before any of the Courts mentioned herein, shall have the right to appeal to the Court of General Sessions in and for the County in which said conviction was had, upon giving bond in the sum of Two Hundred Dollars ($200.00) to the State of Delaware with surety satisfactory to the said Justice of the Peace or Judge of any of the Courts herein named, in which said person was convicted, provided that appeal shall be taken and bond given within three days from the time of said conviction.

Approved April 3, 1947.