4487. Term of office of commissioner-Pleasure of governor. SEC. 2. This act shall take effect April first, nineteen hundred and eleven, and the term of office of said commissioner shall begin on that date. He shall qualify by taking and subscribing to the official oath and shall hold office at the pleasure of the governor. 4488. Office rooms-Office hours-Title of bureau-Meetings. SEC. 3. Said commission, on its organization, may rent, unless otherwise provided therewith by the board of capitol commissioners, suitable offices for its headquarters, which shall be known as Nevada bureau of industry, agriculture and irrigation, may furnish and equip the same according to its practical requirements, and may employ necessary clerical and other assistance. The commissioner shall keep his office in said bureau and the same shall be kept open the usual hours that other state offices are kept open. Said commission shall meet from time to time at the call of the governor for the transaction of business, and no expenditure shall be made or expense contracted without it be authorized by a majority vote at such meeting and the minutes thereof entered of record. 4489. Powers, duties and functions of commission-Information, to collect and preserve-Correspondence-To study industrial problems of state-Restrictions-To conduct certain experiments-To have control of Carey act lands-To assist in exhibit at Panama-Pacific exposition. SEC. 4. The general and special powers, duties and functions of said commission are hereby specifically defined as follows, namely: First-It shall establish, conduct and control said Nevada bureau of industry, agriculture and irrigation, which shall, as rapidly as its organization may be perfected, be made a practical bureau of information for the use and benefit of the people of this state, and outside inquirers, concerning avenues, openings and opportunities for industrial, agricultural, irrigation and reclamation enterprises in Nevada, and it shall be so conducted as to meet such purpose in the highest practicable degree. Said bureau shall be the place of filing and keeping for ready reference, books, periodicals, reports, maps, charts, correspondence, exhibits and special and general information on all subjects appertaining to the arts, industries, agricultural, irrigation and reclamation conditions, resources, opportunities, projects and possibilities within the state, and which shall be classified, catalogued and indexed in such manner as to make information on any subject easily available for the study and investigation of visitors and the use of the commission. Second-Said commission shall, under direction of the commissioner, have personal charge of said bureau, and as truly and accurately as may be, answer all reasonable inquiries of visitors and correspondents, and through written and printed letters, bulletins, documents, and magazine and newspaper articles, make such information serve in every way possible the upbuilding of the state. Third-Said commission shall initiate an exhaustive study of industrial, agricultural, irrigation and reclamation problems within the state, may designate any of its members to visit any section of the state to gather information and conduct inquiries; may lend its support, encouragement and advice in aid of all legitimate enterprises within the scope of its work, and may assist in organizing cooperative enterprises of benefit to the public or to any community; provided, that nothing in this act shall be construed as authorizing or permitting said commission to advertise, organize, promote, furnish special information, issue any opinion concerning any particular mine or mining property or mining enterprise; but all information issued relative to the mining industry shall be general in terms and restricted to the character of ores and actual production of the state and of the several mining districts. Fourth-Said commission may undertake and conduct reasonable and practicable explorations and experiments to determine the feasibility of reclaiming favorable portions of the state by utilizing the subsurface waters, may lease or purchase well-drilling machinery and equipment; drill, or cause to be drilled, test wells, equip the same with pumping machinery and determine the cost of pumping water for irrigation. But no exploration or experiments, authorized by this paragraph, shall be conducted on any land temporarily withdrawn from the public domain, or segregated by the selection of this state and the approval of the secretary of the interior from the public domain, under the provisions of the Carey act, unless the state itself be exclusively interested in and conducting the project for the public benefit and the state's profit, and which is hereby authorized. Fifth-Said commission shall have control of the selection, management and disposal of all lands granted the state under the provisions of the act of Congress approved August eighteenth, eighteen hundred and ninety-four (28 U. S. Stat. 372-422), known as the Carey act, and all acts amendatory thereof or supplemental thereto, and of all additional grants which may hereafter be made the state in accordance therewith, subject to the provisions of any statute governing the commission which may hereafter be enacted; and Sixth-Said commission shall assist in the gathering and preparation of a suitable exhibit of the state's agricultural, industrial and mining resources for the Panama-Pacific exposition to be held in the city of San Francisco, California, in 1915. 4490. May exact fees, when-May accept transportation and contributions-Paid direct to treasurer-County contributions. SEC. 5. The commission is authorized to exact fees when proper, and to solicit and receive transportation, and may enter into agreements whereby the work, efforts and accomplishments of the commission of special value or benefit to any individual, corporation, community, municipality, or county may be rewarded by cash contributions direct or contingent to a special fund which is hereby established in the state treasury for such purpose, to be called industrial commission fund; provided, however, that all fees, gifts, or contributions to said fund or in aid of the work of the commission shall be paid by the contributor or donor to the state treasurer direct, who shall issue to the donor or contributor his receipt therefor, countersigned by the state controller, and it shall be unlawful for said commission, any member or employee thereof, to personally receive any such fees, gifts or contributions other than transportation, office room, or ground space to be used in carrying on the work of the commission. The board of county commissioners of any county is hereby authorized, in its discretion, to make an appropriation from the county treasury of such county to meet in part the cost or expense of any exploration or experimental work conducted in such county under the provisions of this act. 4491. Salary of commissioner-Actual expenses of other members. SEC. 6. Said commissioner shall receive a salary of three thousand six hundred dollars per annum, payable in equal monthly installments by the state treasurer on warrants drawn by the state controller. The members of said commission when engaged in field work or delegated to special duty, shall be entitled to actual traveling, living, and other necessary expenses, which shall be audited by the commission and on the certificate of the commissioner, approved by the state board of examiners, shall be paid by the state treasurer, on warrant of the state controller, out of any moneys in the treasury available therefor. 4492. Appropriation-Disbursements, how made. SEC. 7. There is hereby appropriated to carry out the purposes of this act, the sum of $25,000, and all disbursements from which, as well as from the said industrial commission fund, shall be on certificates of the commissioner, approved by the state board of examiners when the state controller shall draw his warrant and the state treasurer pay the same. 4493. Printing, where may be done. SEC. 8. All forms, blanks, envelopes, letterheads, circulars, pamphlets, bulletins and reports required to be printed by said commission, may, in its discretion, be printed at the state printing office under the general provisions of the act entitled "An act to designate and authorize the work to be done in the state printing office," approved March 5, 1909; provided, that when printed at the state printing office, if more than fifteen hundred copies of any bulletin or report be required, the cost of the excess number shall be paid for out of any appropriation to carry out the purposes of this act. 4494. Penal provisions. SEC. 9. Any person distributing any literature under the provisions of this act which is not correct or thoroughly reliable, or any member of said commission who shall receive or accept any contribution, fee, emolument or thing of value, either directly or indirectly, for his services as a member of said commission, other than that provided by law, shall be subject to a fine of not less than five hundred dollars or more than one thousand dollars, and imprisonment for not less than six months or more than one year in the state penitentiary. Under a previous act creating a publicity commission (Stats. 1907, 408), it was held that the act constituted a sufficient appropriation of the salary of the chairman; but, as it failed to prescribe any maximum expenditure for traveling expenses, the act was void in so far as it authorized payment of such expenses by the state, under Const., sec. 277, ante. State ex rel. Davis v. Eggers, 29 Nev. 469, 472, 485, 486, 16 L. R. A. (N. S.) 630, 91 P. 819. BOARD OF PHARMACY An Act to provide for the creation of a state board of pharmacy; to regulate the practice of pharmacy; to prohibit the use of deteriorated and adulterated drugs; and to regulate the sale of poisons. Approved March 28, 1901, 124 4506. Receipts and disbursements-Expenses --State aid. 4507. State aid limited. 4508. Quorum-Certificates, how issued and what authorized by. 4510. 4509. Practicing without compliance with 4512. Retail of certain poisons without label 4513. Only licensed pharmacists may com- 4495. State board of pharmacy-Governor to appoint—Term-Qualifications-Vacancies. SECTION 1. A state board of pharmacy, to consist of five competent pharmacists, 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 within thirty days after the passage of this act, to act for two years from the date of such appointment, and shall be appointed by the governor every fourth year thereafter. Each shall be a reputable, competent pharmacist, who shall have been engaged in the practice of pharmacy in the State of Nevada for at least five years immediately prior to his appointment. Vacancies in said board, by death or otherwise, shall be filled by the governor by the appointment of a person duly qualified under this act to fill the unexpired term of the person in whose stead the appointment is made. 4496. Idem-Officers-Meetings. SEC. 2. Said board shall choose one of its members president and one secretary, who shall hold their offices for one year from the date of their selection. The first members appointed on said board shall meet and organize at the state capitol, in Carson City, Nevada, on the first Monday in May, 1901, and thereafter they shall meet twice in each year, on the first Monday of May and November, at such place as shall be most convenient to the said board and to the applicants for authority to practice pharmacy in this state. Due notice of all such meetings shall be given by publication in such newspaper as said board shall deem most likely to disseminate such notice. 4497. Seal-Examination of applicants-Certificates-County clerks to be notified and to keep list-Board may take testimony. SEC. 3. Said board shall procure a seal and shall require, through their president or secretary, applications for examinations or certificates; the president and secretary shall have authority to administer oaths and the board to take testimony in all matters relating to its duties; it shall issue certificates to all who furnish satisfactory proof of having received diplomas or licenses from reputable and legally chartered colleges of pharmacy, and boards of pharmacy of the United States, which are in good standing. It shall prepare two forms of certificates-one for persons who present to it satisfactory diplomas or licenses, and the other for candidates who may be examined by the board. And whenever a certificate is issued by said board, it shall notify the respective county clerks of the several counties within this state of the issuance of such certificate or certificates, and it shall be the duty of said clerks to keep and file said notices and also to keep a list of the persons to whom issued. 4498. License, to whom issued-Examinations-Discretion of boardAppeal to courts. SEC. 4. Said board shall issue a certificate to any person who shall have been regularly engaged in the practice of pharmacy in this state for five years immediately preceding the passage of this act, or who shall present to the board a satisfactory diploma or license from a reputable college of pharmacy, or board of pharmacy within the United States, or who, after an examination by said board, shall be found qualified to practice pharmacy. When the board is not in session its secretary may issue a temporary certificate; provided, the applicant therefor shall have deposited the usual fee and filed with said secretary his diploma or license from some reputable and legally chartered college of pharmacy or board of pharmacy, in good standing within the United States, and such temporary certificate shall entitle the holder to practice pharmacy until the next regular meeting of said board. All examinations of applicants to practice pharmacy shall be thorough and searching and shall be in the following branches: Theory and practice of pharmacy; pharmacognosy, chemistry, botany, materia medica, vegetable histology, physiology and prescription work; and prior to such examination the board shall have satisfactory proof that the applicant has had at least a grammar-school preliminary education, and not less than four years' experience in pharmacy work or in compounding physicians' prescriptions. In case of failure to pass, the board shall grant a second examination within one year without additional fee. The board may judge whether the college of pharmacy, or board of pharmacy, which issued any diploma or license presented to it, is reputable and legally chartered and worthy of recognition, subject to the action of the courts in case of abuse of its discretion in this respect. 4499. Fees of applicants-Money, how used. SEC. 5. With each application for authority to practice pharmacy within this state, there shall be deposited with its board, or its president or secretary, the sum of five dollars, and in case of issuance of license to the applicant an additional sum of ten dollars shall be paid by the applicant to said board, and all moneys collected by said board shall be used by it to defray its legitimate expenses. 4500. Forged or fraudulent diploma or license presented-Misdemeanor. SEC. 6. It shall be unlawful for any person to present to said board any forged or fraudulent diploma or license or one which was not issued to the person presenting the same, and any person who shall so present such a diploma or license shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five hundred dollars or by imprisonment in the county jail for a period of not less than fifty nor more than one hundred and eighty days, or by both such fine and imprisonment, for each and every such offense. 4501. Board may issue certificates-Showing to be made. SEC. 7. Any person to whom a diploma or license has been issued may present the same in person, by letter or by proxy to the board, accompanied by proof to the satisfaction of the board that such diploma or license was issued to the person presenting the same, and, if the said board shall be satisfied with such proof, and also as to the character and standard of colleges of pharmacy or board of pharmacy within the United States which issued said diploma or license, said board shall thereupon issue its certificate to the applicant. 4502. Certificates to be recorded with county recorder. SEC. 8. Every person to whom a certificate from the board of pharmacy shall have issued shall, before he enters upon the practice of pharmacy in this state, have said certificate recorded in the office of the county recorder of the county in which he resides. 4503. Negligence in compounding drugs misdemeanor-Penalty. SEC. 9. Any person who shall, after the passage of this act, fail to use due care and reasonable caution, or who shall be grossly negligent in compounding drugs or in the filling of prescriptions, to the jeopardy of the health or life of the public, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred or more than five hundred dollars, or by imprisonment in the county jail for not less than fifty days nor more than one hundred (and) eighty days for each and every offense, or by both such fine and imprisonment. |