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C. 57. L. 89, § 3; curring in said board, shall be filled by an appointment by the governor, for the unexpired term.

Feb. 15.

Board to register certificates; duty of druggists.

$ 3720. The board of pharmacy shall register in a suitable bourd to register book, a duplicate of which shall be kept in the office of the secretary of the territory, the names and places of residence of all persons to whom they issue certificates and the dates thereof. It shall be the duty of said board of pharmacy to register, without examination, as registered pharmacists, all druggists and pharmacists who are engaged in business in the territory of New Mexico at the passage of this act, as owners, principals or clerks of stores for retailing, compounding or dispensing drugs, medicines or chemicals for medicinal use, or for compounding and dispensing physicians' prescriptions: Provided, No druggist's clerk shall be so registered unless he be eighteen (18) years of age and has been engaged in some store or pharmacy where physicians' prescriptions were compounded and dispensed, for the space of three (3) years next preceding the passage of this act. In case of the failure or neglect of any person to apply for registration within sixty (60) days after the organization of the said board of pharmacy, he shall have forfeited the privilege of registering without examination, and shall only be registered after examination, as set forth in section three thousand seven hundred and twenty-one.

Id. § 4.

Examination as to competency.

Id. § 5.

Board may demand fee for certificate.

§ 3721. That the said board of pharmacy shall, upon application, and at such time and place and in such manner as they may determine, examine each and every person who shall desire to conduct the business of selling at retail, compounding or dispensing, drugs, medicines or chemicals for medical use, or compounding or dispensing physicians' prescriptions as pharmacists in the Territory of New Mexico; and if a majority of said board shall be satisfied that said person is competent and fully qualified to conduct said business of compounding or dispensing drugs, medicines or chemicals, for medical use, or to compound and dispense physicians prescriptions, they shall enter the name of such person, as a registered pharmacist, in the book provided for in section three thousand seven hundred and twenty: Provided, That all graduates in pharmacy having a diploma from an incorporated college or school of pharmacy, that requires a practical experience in pharmacy of not less than three (3) years before granting a diploma may, in the discretion of the board, be entitled to have their names registered as registered pharmacists by said board, without examination. The board of pharmacy shall issue an appropriate certificate to each person registered, which certificate must be conspicuously displayed in every store or place described in this section. Said certificate must be renewed twelve (12) months after each date of issue.

§ 3722. The board of pharmacy shall be entitled to demand and receive from each person whom they register and furnish a certificate as a registered pharmacist, without examination, the sum of two dollars, and for each and every person whom they examine, the sum of five dollars, which shall be in full for all services. In case the examination of said person shall

Feb 15.

prove defective and unsatisfactory to the board, and he be C. 57, L. 89, § 6: declined registration, he shall be permitted to present himself for re-examination within twelve (12) months thereafter, and no charge shall be made for such examination.

To hold semiannual sessions.

Amended, L. 1897.

§ 3723. The board of pharmacy shall hold semi-annual sessions at such times and places as the board may determine; other sessions of the board may also be held whenever c. 67. § 1. and wherever a quorum of the board is present.

In the interim of the sessions of the board, and upon satisfactory evidence of a fitness of an applicant, any one (1) member of the board may, in his discretion, issue a temporary certificate, which shall authorize and empower the holder to conduct a drug store or pharmacy, as set forth in section three thousand seven hundred and twenty-one. Such temporary certificate must be signed by one (1) member, and shall expire and terminate at the date of the next succeeding quarterly session of the board after the granting thereof. No fee shall be demanded for this temporary certificate.

Id. § 7.

Owner of drug store responsible

Id. § 8.

§ 3724. Every owner of adrug store in the Territory of New Mexico shall be held responsible for the quality of all drugs, for quality of drugs. chemicals and medicines he may sell or dispense, with the exceptions of those sold in the original packages of the manufacturer or wholesale dealer, and also those known as proprietary medicines. And should he knowingly, intentionally and fraudulently adulterate, or cause to be adulterated, such drugs, chemicals or medical preparations, he shall be deemed guilty of a misdemeanor, and upon conviction thereof, his license as a registered pharmacist shall be thereby revoked, and in addition thereto, be liable to a penalty not exceeding five hundred ($500) dollars. §3725. Any person who shall procure or attempt to pro- tion; penalty. cure, registration for himself or for another under this act by making or causing to be made, false representations, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be liable to a penalty of not less than five and not exceeding one hundred dollars, and his name, together with the name of the person so falsely registered, shall be stricken from the register.

False representa

Id. § 9.

Other penalties:

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3726. Any person not a registered pharmacist, as pro- not applicable to vided in this act, who shall conduct a store or pharmacy, or physicians putting place for retailing, compounding or dispensing drugs, medi-eir own precines or chemicals, for medical use, or for compounding or Amended. L. 97, C. dispensing physicians' prescriptions in the Territory of New 67. Mexico, or who shall take, use, or exhibit the title of, Registered Pharmacist, shall be deemed guilty of a misdemeanor, and upon a conviction thereof, be liable to a penalty of not less than five, nor more than one hundred dollars: Provided, That any person or persons not a registered pharmacist may own and conduct such store if he or they keep constantly in their employ a registered pharmacist: Provided, further, This act shall not apply to physicians putting up their own prescriptions, nor to the sale of patent or proprietary medicines, nor to the sale of those articles commonly known as Grocers' Drugs, except those articles that are denominated, Poisons, under the law known as the, New Mexico Poison Law; nor to

Feb. 15.

C. 57, L. 89, § 10: any regularly licensed physician of the Territory of New Mexico engaged in the drug business in towns or cities situated twenty miles or more from a regular licensed pharmacist engaged in the drug business.

When certificate shall expire.

Id. § 11.

Suits to be prosecuted in name of

territory; duty of ney: disposition of

prosecuting attor

fines.

Id. § 12.

Permits may be granted in towns or

drug store.

§ 3727. If any registered pharmacist shall go out of the drug business, and remain out for a period of twelve (12) months, his certificate as registered pharmacist shall thereupon expire.

$ 3728. All suits for recovery of the several penalties prescribed in this act, shall be prosecuted in the name of, The Territory of New Mexico, in any court having jurisdiction, and it shall be the duty of the prosecuting attorney of the county where such offense is committed, to prosecute all persons violating the provisions of this act, upon proper complaint being made. All penalties collected under the provisions of this act, shall inure to the expense fund of the board which may occur. .

§ 3729. It shall be the duty of the said board to grant to camps having no persons or merchants in towns or camps having no drug store, minor certificates without charge, as they may deem proper, to vend such medicines, compounds or chemicals as are required by the general public: Provided, That this law is not to be so construed as to prevent ranchmen or miners not within reach of a store or place where drugs are sold, from dispensing medicines to their families or employes: Prorided, further, That it shall be the duty of the secretary of said board to render an accurate annual statement to the governor of the territory, of all moneys received and expended by said board during each year, and he shall also report upon the general condition of pharmacy throughout the territory.

Id. § 14.

Meetings to be

open.

March 18.

Violation of act: penalty.

§ 3730. The meetings of the pharmacy board shall be opened to registered pharmacists who shall be permitted to C. 67. L. 97. $3; be present at the examination of applicants for registration. § 3731. Any member of the board of pharmacy who shall violate any of the provisions of this act, or who shall neglect or refuse to report any of the violations of the provisions of this act that may be within his knowledge, within ten days of the time said violation comes to his knowledge, shall be removed from office by the governor upon such showing as may be deemed satisfactory by the executive, and such vacancies shall be filled by the governor as now provided by law.

Id. § 4.

Who can practice dentistry.

C. 60, L. 93. § 1; Feb. 23.

Board of dental examiners.

DENTISTRY BOARD.

§ 3732. That it shall be unlawful for any person who is not, at the time of the passage of this act, engaged in the practice of dentistry in the Territory of New Mexico to commence such practice unless such person shall have received a certificate from the duly authorized board of dental examiners hereinafter provided for.

$ 3733. A board of dental examiners to consist of five practicing dentists within the Territory of New Mexico is hereby created, whose duty it shall be to carry out the purposes and enforce the provisions of this act. The members

of said board shall be appointed by the governor. The term for which the members of said board shall hold their offices shall be four years, and until their successors shall be appointed. In case of a vacancy occurring in the membership of said board such vacancy shall be filled by appointment by the governor.

$3734. The said board shall within sixty days after their appointment meet at the capital of the Territory of New Mexico, and organize by electing one of its members president and one secretary thereof. Said board shall meet at least once in each year thereafter, and as often and at such times and places as it may deem proper and necessary. A majority of said board shall at all times constitute a quorum for the transaction of business.

§ 3735. It shall be the duty of every person who, at the time of the passage of this act, is engaged in the practice of dentistry in the Territory of New Mexico, within six months from the date of the passage of this act to cause his or her written application to be filed with the secretary of said board for a certificate to continue in the practice of dentistry within said territory; and all persons whom the board may find to have been engaged in the practice of dentistry within the Territory of New Mexico for the period of one year next preceding the passage of this act shall be entitled to receive a certificate from said board of examiners without further examination.

$3736. No person whose name is not registered on the books of said board as a regular practitioner of dentistry, within the time prescribed in the next preceding section, shall be permitted to practice dentistry within the Territory of New Mexico until such person shall have been duly examined by said board, and regularly licensed in accordance with the provisions of this act: Provided, further, That all persons presenting a diploma from a college recognized as reputable by the national association of dental examiners and paying the sum of five dollars to the secretary of the board, shall be entitled to receive a certificate without further examination.

$3737. In order to provide the means for carrying out and enforcing the provisions of this act, said board of examiners shall charge each person applying for a certificate to continue in the practice of dentistry, the sum of five dollars for said certificate, and all persons applying for an examination to procure a certificate to commence the practice of dentistry within the Territory of New Mexico, shall pay to the secretary of said board, before submitting to said examination, the sum of twenty-five dollars.

§ 3738. Any person holding a license from said board who shall be charged with immoral or unprofessional conduct may, if found guilty as charged, upon proper investigation had by said board, have his or her license revoked by said board.

§ 3739. All moneys received by the board shall be held by the secretary thereof as a special fund for paying the necessary expenses and for enforcing the provisions of this act. The secretary shall give to the board a good and sufficient

C. 60. L. 93. § 2: Feb. 23.

Organization.

Id. § 3.

Application for certificate.

Id. § 4.

Examination for certificate.

Proviso.

Id. $5.

Fee for certificate.

Id. § 6.

Certificate revok ed: when. Id. § 7.

Moneys received; applied how.

7C. 60, L. 93, § 8: bond, to be approved by said board and in an amount to be fixed by the board.

Feb. 23.

Territory to pay no expenses.

Id. § 9.

Annual report to governor.

Id. § 10.

Violations of provisions: penalty.

Id. § 11.

Justice of the peace: jurisdiction.

Id. § 12.

Construction.
Id. § 13.

§ 3740. No part of the salary or other expenses of said board shall be paid out of the territorial treasury.

§ 3741. It shall be the duty of the secretary of the board to make an annual report to the governor of the territory, at such times as may be directed by the board, and such report shall be signed and approved by the president of the board. § 3742. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof may be fined not less than twenty dollars, nor more than one hundred dollars, or be imprisoned in the county jail not less than one month, nor more than three months, or by both such fine and imprisonment, in the discretion of the court trying said cause.

§ 3743. Any justice of the peace of the county in which such violation was committed shall have jurisdiction in all cases of violations of this act, and it shall be the duty of the respective county attorneys to prosecute all violations of this

act.

§ 3744. Nothing in this act shall be construed to interfere with physicians and surgeons in their practice as such.

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Valid claims: how transferable.

§ 3745. The owner of what is known as a valid claim or improvement under the laws of this territory, on public lands of the United States, shall be deemed in possession of a transferable interest therein, and any sale of such improvement shall be considered a sufficient consideration to support a promise: Provided, That no such sale shall be valid to convey such improvement when made by the head of a family, unless the wife of the vender, if any there be, shall give her consent thereto: And provided, also, That such land and the claim. chap. 86. thereto shall be exempt from forced sale under execution.

$ 1: Jan. 7, 1852.

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