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Rxman on Duty at All Times Store Is Open? Not Required, Says D.C. Law Chief in Case Arising From Strike Situation American Druggist [St Clarifies Law Regarding Whether or Not Stores Could Open Without A Pharmacist on Duty]

Date: 07 Sep 1970
Length: 1 page
11314499A
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MUL;EMB

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11314459-4557
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Type
SCIENTIFIC ARTICLE
Named Person
Amer Druggist
Brooks, M.E., D.C. Pharmaceutical Assn
Keech, R.B., U.S. District Court
Pair, H.B.
UCSF Legacy ID
jyg6aa00

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RxMan on duty at all times store is open? Not required, says D.C. law chief in case arising from strike situation The District of Columbia's (>-f- year-old pharmacy law does not re- quire that a registered pharmacist be personally on the premises at all times the pharmacy i., open for bllsi- This opinion Nva, given by Hubert B. Pair, Acting Cclrporation, Coun- sel of the District of Columbia in an exchange of correspondence with JI. Eileen Brouks, executive secre- tary of the District of Colunibia Pharmaceutical Assn. Strike: While the correspondence did not mention the subject of unionism in pharmacy, the exchange came about as a result of a recent strike held by pharmacist~, in the District. While the strike Nti•a~, on-it has since ended-the union that called it felt its cause would be helped if it could force the struck stores to close down on the ground that they had no pharmacists on duty during busi- ness hourb. As a result. 'Miss Brooks said. "there 9tas been inuch discussarat recentlN• regarding whether or not a registered pharmacist is required to be personally on duty at all times during which a pharmacy is opened for business in the District of Co- lumbia." To clarify the matter, she put the question to \1r. Pair, who cited a 1942 opinion that was given by Richmond B. Keech, then the llis- trict's corporation counsel, now a judge of the United States llistrict Court. Exposed for sale: Unionism was not an issue in the 19-12 situa- tion. The opinion was requested at that time bv the District Narcotics Squad, which wanted to know whether full-time presence of a pharmacilst IIIwa's'' reqtai~red in light of the 190() pharntac\ law which state., that "it shall be unlawful for an~- person not licensed as a pharmacist within the meaning of this chapter to conduct or manage an\• phar- mac\', drug or chemical store, apothecary shop or other place of busine~~ for the rezailing. com- pounrlinl;. or dispensing of any drugs, chemicals, or poisons, or for the comlwunrling of ph.•sicians' 1>re- scriptioms. or to keep exposed for sale, at retail. an,,drul:s, chemical~, or poison, , . ." tipecifically, the Narcotics Squad wanted to know hov,• the phrase "exposecl for s:ile" affected the need for a pharmacist on dutN during bu ine„ huur,. 'Mr. Keech's ruling was that "there is nothing in the act under consideration which would require a registered pharmacist to be per- scmally present on the business prentises of any apothecary shop or drug store at all times or hours such ectablishtnent may be open to the lazl/lic fcrr busille,~~ ancl llas'exlrtrsed, for sale' an.• drug~. etc. which come under the provisions of the act. "The restrictions require that the ccnnpounding, selling or dispensing of (irug5, medicines, and poisonous compounds at retail must be done by or under the direction rnf a dulN registered pharmacist, witll the ex- ception of those poisons or chenni- cals prepared for retail sale in clearly marked containera as hereinLef,)re stated. "The terni 'exposed for sale' ha~ been defined hy variott~~ courts to mean generally that the merchant or dealer has the article in question in his general stock for the purpose o; sale, regardless of whether the sale i~- actually made . - ." Kenneth Griswold gets 1970 Lascoff award I:enneth S. ( ;riswulcl, director ()i the Division of Extensirm tiervicc-~ of Albanx i\.I-. ) College of I'har- tnacy. ha~, been named 1970 recilli- ent of the l. Leon Lascoff 'Memc ria; Awarcl. The award is presente(i alt- nually by the American Collere of Apothecaries for outstanding ser~- ice tu professional pharmacv. • \1r. t;riswolcl retired a~ secret,ar% of the New York State hoartl of pharntacr earlier this year, after 12 year in the post. He had previou~'.,, been a district manager for lai Li?l\ & Co. Mr. Griswold is now serving hi~, second 3-vear term as chairman (if the American Pharmaceutical 1bt~lq.t;il liuara_ PILFER - PROOF: This new counter display for Mallory Battery Co.'s Du- racell batteries for hearing aids is constructed en• tirely of plastic- with a Plexiglas top that makes it filter-proof. A stor age area in the rear holds add - tional merchan- dise. 38 • Interpreting the Newc AMERICAN DRUGGIS' • Seoiembe, 7 19'i,

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