office of any member, caused otherwise than by expiration of term, shall be filled by the regents for the unexpired term of such member.

Nominations. Thereafter, at each annual meeting of Nominathe association, nine licensed pharmacists shall be nomi- tions nated by ballot, whose names shall be submitted to the regents in writing under the seal of the association by the president and secretary thereof, promptly after the adjournment of such meeting. From the number thus submitted or from the other licensed pharmacists of the state the regents may appoint three persons to succeed the members whose terms of office expire on the following July thirty-first.

Examiners. No person shall be appointed as an exam- Exiner unless he is a licensed pharmacist, and has legally aminers practiced as such for at least ten years in this state. Each of the candidates shall present proof of such qualifications to the regents. The regents may remove any examiner for misconduct, incapacity or neglect of duty. Each examiner shall receive a certificate of appointment from the regents, and before beginning his term of office shall take and file with the secretary of state the constitutional oath of office. The board or any committee thereof may employ counsel, may compel the attendance of witnesses, and may take testimony and. proofs concerning all matters within its jurisdiction. The board shall make such rules approved by the regents not inconsistent with the law, as may be necessary for the proper performance of its duty, but no rule by which more than a majority vote is required for any specific action by the board shall be amended, suspended, or repealed by a smaller vote than that required for action thereunder.

Secretary. The secretary shall be a licensed pharma- Secretary cist who has legally practiced as a pharmacist for at least ten years in this state. He shall be appointed by the regents, shall hold office during their pleasure and

shall receive an annual salary of three thousand dollars, payable from the moneys received under this article. He shall be the executive officer of the board and shall have such powers and shall perform such duties as are prescribed by the rules. The secretary in office when this article takes effect shall continue in office until his successor has been appointed as above provided.

Expenses

Meetings

Powers

Expenses. All fees, fines, penalties and other moneys derived from the operation of this article shall be paid into the state treasury and the legislature shall annually appropriate for the department an amount sufficient to pay all proper expenses incurred pursuant to this article. All funds in the custody of the state board of pharmacy when this act takes effect shall be immediately turned over to the department and shall be available for the payment of all proper expenses of the board, until an appropriation is made by the legislature as above provided. When such appropriation is so made the unexpended balance of the funds so turned over to the department shall be paid into the state treasury, to be expended as in the case of other moneys derived from the operation of this article. (Am'd by L. 1910, ch. 422, reenacted by L. 1915, ch. 502, in effect May 3, 1915.)

§ 232. Powers and duties of the board; records; employees. Prior to October first the board shall annually elect from its members a president and a vice-president for the academic year, and shall hold one or more meetings each year. At any meeting a majority shall constitute a quorum; but questions prepared by the board may be grouped and edited, or answer papers of candidates may be examined and marked by committees duly authorized by the board and approved by the regents. The board shall have power:

(a) To regulate the practice of pharmacology.

(b) To regulate the sale of drugs, chemicals, medicines and poisons.

(c) To regulate the employment of apprentices and employees in pharmacies.

(d) To regulate the working hours and sleeping apartments of employees in pharmacies.

(e) To regulate and control the character and standard of drugs and medicines compounded and dispensed in the state, to employ inspectors and chemists, to secure samples and to prevent the sale of such drugs, chemicals, medicines and poisons as do not conform to the formulæ, standards and tests of the pharmacopœia and formulary.

(f) To regulate the retailing of poisons and to adopt schedules.

(g) To issue temporary permits limited to definite

areas.

(h) To investigate alleged violations of the provisions of this article, to conduct hearings in respect thereto when, in its discretion, it appears to be necessary, and to bring the same to the notice of the attorney-general.

Records. It shall be the duty of the board in its Records rooms provided by the regents to preserve a record of all licenses and certificates which shall be open to public inspection and shall have in all legal proceedings the same weight as evidence that is given to a record of conveyance of lands. It shall render annually to the regents and the association a report of all its proceedings during the preceding year.

Books, records, papers and properties of the state board of pharmacy and of each branch thereof abolished by this act shall on or before August tenth, nineteen bundred and ten, be transferred to the state board of pharmacy, organized under and in pursuance of the provisions of this act and shall be preserved by the board. Employees. The clerks, stenographers, inspectors and Ememployees of the state board of pharmacy in office when this act takes effect shall be transferred to the depart

Pharma

cist

ment. The rules of the board, made as hereinbefore provided, shall specify the number of clerks, stenographers, inspectors and employees, necessary to carry out the provisions of this article. The clerks, stenographers, inspectors and employees transferred to the department as above provided, or hereafter employed, shall be subject to the same rules as to appointment and service as the other employees of the department. (Am'd by L. 1910, ch. 422, in effect Aug. 1, 1910.)

§ 233. Licenses; certificates; examinations; rules. Satisfactory evidence verified by oath shall be required by the regents of all candidates for admission to the examinations.

Pharmacist. They shall admit to the examination for pharmacist any candidate that pays a fee of ten dollars and

1. Is more than twenty-one years of age.
2. Is of good moral character.

3. Had prior to January first, nineteen hundred and eighteen, fifteen academic counts, or the equivalent, before beginning the first year of study in the school, and after that date had thirty academic counts, or the equivalent, before beginning such study.

4. Had studied pharmacology as outlined in the syllabus not less than two years in a school.

5. Has either received the diploma of graduate in pharmacy or equivalent degree from a school, or a license conferring the full right to practice pharmacology in some foreign country registered as meeting the minimum requirements of this article. The diploma of graduate in pharmacy or equivalent degree shall not be conferred on any one that did not file with the school at matriculation the pharmacy student certificate required above.

6. Has had four years' experience in a registered pharmacy or drug store, under the personal supervision of a pharmacist or druggist, one year of which

experience within five years of the date of application must have been in a pharmacy or drug store of the United States.

Junior pharmacist. They shall admit to the examination for junior pharmacist any candidate that pays a fee of ten dollars and

1. Is more than nineteen years of age.

2. Is of good moral character.

3. Had prior to January first, nineteen hundred and eighteen, fifteen academic counts, or the equivalent, before beginning the first year of study in the school, and after that date had thirty academic counts, or the equivalent, before beginning such study.

4. Has studied pharmacology as outlined in the syllabus not less than two years in a school.

5. Has received the diploma of graduate in pharmacy from a school.

6. Has had two years' experience in a registered pharmacy or drug store under the personal supervision of a pharmacist or druggist, all of which experience must have been in a pharmacy or drug store in New York

state.

Druggist. They shall admit to the examination for Druggist druggist any candidate that pays a fee of five dollars

and

1. Is more than eighteen years of age.

2. Is of good moral character.

3. Has the preliminary and professional education required by the rules.

4. Has had three years' experience in a registered pharmacy or drug store under the personal supervision of a pharmacist or druggist, one year of which experience within five years of the date of application must have been in a pharmacy or drug store of the United States.

Examinations. The board shall submit to the regents Examinaas required suitable questions for thorough examination tions