OF THE SALE OF INTOXICATING LIQUORS.
AN ACT regulating the sale of Intoxicating Liquors for Medicinal purposes.
Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:
Section 1. That from and after the approval of this Act all prescriptions for intoxicating liquors for medicinal purposes shall be written by regular practicing physicians in blank prescription books which shall be furnished by the Clerks of the Peace of the various Counties of this State upon application made by any regular practicing physician. Such prescriptions shall set forth the kind and quantity of liquors prescribed, the name of the person for whom prescribed, the date on which the prescription is written and the directions for use, and shall be signed by the full name of the physician issuing the same, and no physician shall write any prescription for intoxicating liquors except the person for whom it is issued is actually sick and such liquor is required as a medicine for such illness, and the ordinary or common name of the liquor shall be used.
Section 2. In preparing the said prescription blanks the Clerks of the Peace shall arrange the same in book form so that two of said prescription blanks shall be printed on the same page with a perforated line connecting them so that one of the blanks may be easily removed from the prescription book, leaving the other prescription blank remaining therein, and it shall be the duty of any physician when writing a prescription for intoxicating liquor to write the same upon one of the two blanks in said prescription book and an exact copy thereof on the other of the two blanks, and shall give one of the said prescriptions to the person applying for the same, and shall leave the copy of said prescription attached to the book and remaining therein.
No book shall contain more than fifty pages of prescriptions and when any physician shall have used all the blanks in any one of said books, it shall be his duty to return the book with the copies therein to the Clerk of the Peace of the County in which said physician may reside, at which time, he shall be entitled to receive another of such blank prescription books from the Clerk of the Peace. The Clerk of the Peace shall preserve the said books so returned by physicians as aforesaid as part of the records of his office, and the same shall be open for inspection.
Section 3. Every druggist in this State who holds a license for the sale of intoxicating liquors shall keep in good faith in a book which he shall provide for the purpose, an exact and true record of all prescriptions filled by him, the date on which the same are filled, the name of the purchaser, and the kind, quantity and price of such liquors, and the name of the physician prescribing the same and the purchaser shall sign his name in the book so kept as aforesaid thereby certifying that the said liquor is purchased by him for medicinal purposes, and the prescription shall be cancelled by the druggist filling the same by his writing on it the word "cancelled" and the date on which it was presented and filled, and shall then be kept on file and no prescription for intoxicating liquors shall be filled the second time. The book of record for druggists hereinbefore provided for shall at all times be open for inspection by the public, and all prescriptions so filed by him shall also be open to examination at any and all times by any person who may desire to examine the same.
Section 4. That every druggist upon making application for a license to sell intoxicating liquors as is now provided by law before any license shall be granted to him shall in addition to the oath now required by law make oath to the effect that he has not sold any intoxicating liquors except upon the written prescription of a regular practicing physician and that he has not in any manner violated any of the provisions of this Act.
Section 5. Any druggist in this State who shall fail to keep such a record as provided in Section 3 of this Act or shall fail or refuse to make any entry therein as required by the provisions of this Act, or shall alter or destroy any such record or entry therein, or permit or procure the same to be destroyed, altered or changed, or shall fail to cancel any prescription in the manner hereinbefore provided, or shall refill any prescription or shall sell any intoxicating liquors except upon the prescription of a regular practicing physician or shall refuse to allow any person to inspect either the prescriptions filed on the book of record kept, shall upon conviction therefor be fined not less than One Hundred Dollars nor more than Five Hundred Dollars or be imprisoned for a period of not less than one month nor more than six months at the discretion of the Court, and any physician who may violate any of the provisions of this Act upon conviction therefor shall be fined in the sum of not less than One Hundred Dollars nor more than Five Hundred Dollars or shall be imprisoned for a term of not less than one month nor more than six months at the discretion of the Court.
Section 6. Should any purchaser of Intoxicating liquors falsely certify in the book of record hereinbefore required to be kept by all licensed druggists that such intoxicating liquor is for medicinal purposes, then and in such case the person so falsely certifying as aforesaid, shall be guilty of a misdemeanor and upon conviction therefor shall be fined not less than One Hundred Dollars nor more than Five Hundred Dollars, and may be imprisoned for a term of not less than one month nor more than three months at the discretion of the Court.
Section 7. All acts or parts of acts inconsistent herewith are hereby repealed.
Section 8. The provisions of this act shall be applicable only to Kent and Sussex Counties.
Approved March 28, A. D. 1911.