tion shall be of a character sufficiently strict to test the qualifications of the condidate as a practitioner, and shall be conducted under the rules and regulations prescribed by the department which shall provide for a fair and wholly impartial method of examination by a board of three examiners to be chosen by the department, who shall be regularly licensed and registered trained nurses in Nebraska for a period of at least three years. The department, upon written application and upon payment of five ($5) dollars as registration fee shall issue a certificate without examination of the applicant, if said applicant has been registered as a registered nurse under the law of another state having, in the opinion of said department, an equal or higher standard than the state of Nebraska for the registration of nurses.

DIVISION VI.

PHARMACY.

Section 1. License required-application-fees-qualifications-proof-examinations.-It shall be unlawful for any person, not heretofore licensed in this state, to practice pharmacy in any of its branches in this state without first having applied for and obtained from the department of public welfare a license so to do. Application therefor shall be in writing and shall be accompanied by an examination fee of five dollars and with proof that the applicant is of good moral character, and is of the age of twenty-one years. Applications from candidates who desire to practice pharmacy shall be accompanied by proof either, First, that the applicant has had three years of practical experience under the instruction of a registered pharmacist and that he is a graduate of an accredited four year high school and shall have passed a satisfactory examination by the board of pharmacy as herein provided showing that the candidate's knowledge of pharmacy is equal to that of a two year course of pharmacy in a recognized school or college of pharmacy or a department of pharmacy of a university or college, whose standards are equal to those recognized by the state board of pharmacy, or, Second, that the applicant is a graduate of an accredited four year high school and is also a graduate of a school or college of pharmacy or a department of pharmacy of a university or college which

maintains a four year course in pharmacy, consisting of not less than thirty-six weeks of instruction each school year with a vacation of not less than two months intervening between each school year, and conferring upon graduation the degree of "Bachelor of Science." Examinations shall be of such a character sufficiently strict to test the qualifications of the candidate as a practitioner and shall be conducted under rules and regulations prescribed by the department which shall provide for a fair and wholly impartial method of examination, by a board of three examiners to be chosen by the department of public welfare, who shall be skillful retail apothecaries of seven years practical experience, actually engaged in said business in the state of Nebraska, and for such services they shall receive fifteen dollars ($15.00) per diem and actual expenses incurred in the actual discharge of their duties. In case of the failure of any applicant to pass a satisfactory examination, the money shall be held to his credit for a second examination at any time within a year. Examination may be dispensed with by the department in case of a pharmacist duly licensed and authorized to practice pharmacy in any other state, territory or the District of Columbia, who presents a certificate or license issued by such state, territory, or District of Columbia, accompanied by a fee of five dollars, provided the requirements of such state, territory or District of Columbia are equal to the requirements of this state. Licensed applicants shall be registered by the department as registered pharmacists.

Sec. 2. (2730) "Licentiates" defined.-No person other than a licentiate shall be entitled to a register as a pharmacist. Licentiate in pharmacy within the meaning of this article shall be such person, not less than eighteen years of age who shall have had not less than three years practical experience in pharmacy, or is a licentiate of a board of pharmacy, and who shall have passed a satisfactory examination touching his competency before said board of examiners. Licentiates in pharmacy shall at the time of passing their examination be registered by the department of public welfare as registered pharmacists.

Sec. 3. Examination fees.-All persons making application for examination or registration as in this article provided, shall pay to the department of public welfare the sum of fifteen. dollars.

Sec. 4. (2732)-Renewal of registration.—Every registered pharmacist who desires to continue the practice of his profession shall annually after the expiration of the first year of his registration during the time he shall continue in such practice, on or before the 24th day of March of each year, pay to the said department of public welfare, a registration fee of one dollar, for which he shall receive a renewal of said registration. Every person receiving a certificate under this article shall keep the same conspicuously displayed in his place of business. Every registered pharmacist shall, after changing his place of business or employment, as designated by his certificate, notify the department of public welfare of his new place of business. If any pharmacist shall fail or neglect to procure his annual registration or to comply with the other provisions of this section, his right to act as such pharmacist shall cease at the expiration of ten days from the time notice of such failure to comply with the provisions of this section shall have been mailed to him by the department, and such pharmacist shall be barred from the practice of pharmacy until he shall have made application and passed the examination provided for in this article.

Sec. 5. (2733) False representation.—Any registrations obtained through false representation shall be void, and the department of public welfare may hear complaints and evidence, and may revoke such certificates as it may deem improperly held.

Sec. 6. (2734) Pharmacy shall have registered pharmacist or assistant-penalty.-Any proprietor of a pharmacy who, not being a registered pharmacist, shall fail or neglect to place in charge of such pharmacy a registered pharmacist, or any such proprietor who shall by himself or any person permit the compounding er dispensing of prescriptions or the vending of drugs, medicines or poisons in his store or place of business, except by or in the presence of, or in and under the supervision of a registered pharmacist; or any person not being a registered pharmacist, who shall take charge of or act as manager of such pharmacy or store, or who, not being a registered pharmacist shall retail, compound or dispense drugs, poisons or medicines of any kind, or any person violating any provisions of this article to which no other penalty is herein attached, shall be deemed guilty of a misdemeanor, and for every such offense, shall, upon conviction

thereof, be punished by a fine of not less than ten dollars nor more than one hundred dollars, or shall be imprisoned in the county jail not less than ten days nor more than ninety days. Nothing in this article shall be construed to prohibit a registered pharmacist from employing an apprentice in pharmacy.

Sec. 7. (2735) Vendors of patent medicines and physicians exempt.-Nothing in this article shall prevent any wholesale or retail dealers in any business from selling any patent or proprietary medicines, nor any resident registered physician from dispensing his own medicines on his own prescription.

Sec. 8. (2736) Adulteration-penalty.-No person shall add to or remove from any drug, medicine, chemical or pharmaceutical preparation any ingredient or material, for the purpose of adulteration or substitution, which shall deteriorate the quality, commercial value, or medical effect, or which shall alter the nature or composition of such drug, medicine, chemical or pharmaceutical preparation, so that it will not correspond to the recog nized tests of identity or purity. Any person who shall thus wilfully adulterate or alter, or cause to be adulterated or altered, or shall sell or offer for sale any such drug, medicine, chemical or pharmaceutical preparation, or any person who shall substitute or cause to be substituted one material for another, with the intention to defraud or deceive the purchaser, shall be guilty of a misdemeanor and, upon conviction thereof shall, for the first offense be fined not less than ten dollars nor more than one hundred dollars, and for each subsequent offense not less than twenty-five dollars nor more than one hundred dollars.

DIVISION VII.

OPTOMETRY.

Section 1. License required-application-examination.— No person shall practice optometry in this state without having applied for and obtained from the department of public welfare a license so to do. Applications therefore shall be in writing and shall be accompanied by the examination fees hereinafter specified, and by proof that the applicant is of good moral character. The department of public welfare shall notify the applicant to appear before it for examination at the time and place mentioned

in the notice. The examination shall be of a character sufficiently strict to test the qualifications of the candidate as a practitioner. All the examinations provided for in this article shall be conducted under the rules and regulations prescribed by the department, which shall provide for a fair and wholly impartial method of examination by a board of three examiners, to be chosen by the department who shall be persons regularly licensed to praetice optometry in this state and who have been actually engaged in such practice for a period of at least five years.

Sec. 2. Certificate-issuance-filing-rights conferred.-If upon investigation of the proofs submitted to the department and after examination as hereinbefore provided, the applicant shall be found entitled to practice there shall be given to said applicant the certificate of said department under its seal stating such fact, and it shall be the duty of the applicant before practicing to file such certificate, or a copy thereof, in the office of the county clerk of the county in which he or she resides or intends to prac tice. Such certificate or copy shall be filed and recorded by the county clerk. Said certificate shall confer upon the holder thereof the right to practice optometry in the state of Nebraska as defined in Section 3 of this article.

Sec. 3. "Optometry" defined-application of article.-The practice of optometry is defined to be the employment of any means, other than the use of drugs, for the measurement of the powers of vision and the adaptation of lenses for the aid thereof The provisions of this article shall not be construed to apply to permanently located physicians duly licensed to practice medi cine, osteopathy or chiropractic under the laws of this state, nor to persons who sell spectacles or eye glasses on prescription of any duly licensed optometrist or physician, nor to permanently located dealers in spectacles or eye glasses who neither practice nor profess to practice optometry.

Sec. 4. Examination and certificate fee.-Every applicant making application for an examination and a certificate under the provisions of this article shall pay to the department the sum of fifteen dollars. All such fees shall be equally divided among the members of the board making such examinations as full com pensation for their services.