Council for Tobacco Research
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]
Abstract
MUL;EMB
Fields
- Master ID
- 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.
- Brooks, M.E., D.C. Pharmaceutical Assn
- UCSF Legacy ID
- jyg6aa00
Document Images
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 Ntia~, 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,
