Gambar halaman
PDF
ePub

book. The cover on the back of the prescription book must be detached and used in applying for a new book of form 1403 prescription blanks.

SEC. 14. All printed instructions and notices appearing on the cover of the prescription book and on the reverse sides of all prescription blanks, form 1403, may be ignored wherever in conflict with these regulations.

RECORDS TO BE KEPT BY THE PHYSICIAN

SEC. 15. A record shall be kept by every physician who issues a prescription for spirituous or vinous liquor, in a bound book, alphabetically arranged according to surnames of patients, showing the date of issue, the amount of spirituous or vinous liquor prescribed, to whom prescribed, the period for which prescribed, the purpose or ailment for which it is to be used, and directions for use, stating the amount and frequency of the dose. The record book herein required to be kept shall be procured by the physician through commercial channels, and will not be printed or furnished by the Government.

SEC. 16. No physician shall be called upon to file any statement of the ailment for which spirituous or vinous liquor is prescribed, in the Department of Justice or Department of the Treasury, or any other office of the Government, or to keep his records in such a way as to lead to the disclosure of any such ailment except when lawfully required in the following manner: Where disclosure of the ailment may be required in any court of equity reviewing the action of the Commissioner or the Supervisor of Permits, of the Bureau of Industrial Alcohol, in the revocation of a physician's permit; or where disclosure as to the ailment of the patient is required by any duly qualified person engaged in the execution or enforcement of the National Prohibition Act, or any act supplementary thereto; but no such person shall require the physician to disclose the ailment except where he shall first obtain written specific authorization so to do from his superior officer.

PRESCRIPTIONS, BY WHOM FILLED; CANCELING, FILING, AND REPORTS

SEC. 17. A pharmacist employed by any person other than a retail druggist may not fill a prescription for spirituous or vinous liquor. A prescription for spirituous or vinous liquor written in accordance with these regulations may not be filled after midnight of the seventh day following the date of its issuance. A pharmacist filling a prescription for spirituous or vinous liquor shall at the time endorse upon said prescription over his own signature in ink or indelible pencil the word "Canceled", together with the date when the liquor is delivered. The canceled prescriptions must be kept in a separate file as a permanent record available for inspection by properly qualified officers of the Bureau of Industrial Alcohol or the Bureau of Prohibition at any reasonable hour. No such prescription shall be refilled.

SEC. 18. A retail druggist, holding a permit authorizing the sale and dispensing of spiritous or vinous liquor on physicians' prescriptions through a pharmacist named in his permit is required to prepare each month a report, in duplicate, on form 1421 giving all the information called for on such form, and in addition thereto he must indicate on line 21 of the report form the total number of all prescriptions filled for spiritous and vinous liquor; and, in addition as item 21a, only the number of prescriptions which he has filled for spirituous liquor in excess of one quart and the number of prescriptions which he has filled for vinous liquor in excess of one gallon. He shall forward one copy of this report to the Supervisor of Permits on or before the tenth day of the month succeeding the month for which the report is prepared and shall retain the other copy as a permanent record.

SEC. 19. In addition to the report required in section 18, the druggist shall notify in writing the Supervisor of Permits within twenty-four hours of the filling of each prescription which calls for a quantity in excess of that prescribed for a period of more than thirty days, stating the name and address of the patient, the name and permit number of the physician, the kind and quantity prescribed, the period of time for which prescribed, and the name, address, and permit number of the retail druggist.

SEC. 20. Liquor lawfully obtained on prescription and properly labeled may be possessed and transported by the person for whom prescribed, by another member of the patient's household (including a nurse or servant) for administering to the patient, by the druggist filling the prescription or his regular employee, or by the physician who wrote the prescription.

MAXIMUM QUANTITIES OF SPIRITUOUS AND VINOUS LIQUORS THAT MAY BE POSSESSED BY RETAIL DRUGGISTS; PERMITS AND BONDS

SEC. 21. The application of any retail druggist or pharmacist for a basic permit to use and sell spirituous and vinous liquors on physicians' prescriptions shall state the maximum quantity of such liquors to be possessed at one time, but need not state the total quantity of such liquors to be procured. Permits issued on such applications will state the maximum quantity only of spirituous and vinous liquors which may be possessed at one time. Such maximum quantity shall be limited by the penal sum of the bond supporting the permit. The quantity of liquor which may be possessed at one time by the holder of such permit shall for purposes of this section be deemed to be the quantity actually on hand plus the quantity authorized to be procured on outstanding permits to purchase.

SEC. 22. Unless required by the supervisor in specific cases wherein he deems a bond necessary to insure compliance with the terms of a permit, no bond need be given by applicants for permits of the aforesaid classification authorizing the possession at one time of not exceeding 15 gallons of spirituous liquor and 15 gallons of wine: Provided, That such permittee shall not be permitted to procure in excess of an aggregate of 120 gallons of spirituous and/or vinous liquor, but after said maximum has been procured additional amounts may be procured only after bond is filed as required by Regulations 2.

SEC. 23. Upon the filing of application therefor and the necessary consent of surety permits now held by such druggists and pharmacists may be amended so as to limit the maximum quantity of spirituous and vinous liquor to be possessed thereunder at one time only. If an application for such an amendment is filed by a permittee in good standing it shall be allowed as filed without inspection if the quantity to be possessed at one time does not exceed that now authorized in the existing permit.

DISCONTINUANCE OF SERIAL NUMBERS OF CASE STAMPS AND STRIP STAMPS

SEC. 24. On and after the effective date of these regulations it shall not be required to keep record of the serial numbers of case stamps and strip stamps on bottled-in-bond spirits on vendors' copies of permits to purchase (Form 1410–A), on wholesale dealers' records (Form 52), on canceled prescriptions (Form 1403), or on retail dealers' records (Form 1455); and such serial numbers may be disregarded in the packing, the distribution and the reporting of bottled-in-bond spirits. (See secs. 416, 1519, 1609 and 1615 of Regulations 2.)

APPLICATIONS FOR PERMITS TO PURCHASE NOT TO BE VERIFIED

SEC. 25. It shall not be required that any application for a permit to purchase (Form 1410) of any retail druggist or pharmacist, holding a basic permit to use and sell spirituous and vinous liquors, be verified by the affidavit of the applicant. J. M. DORAN,

Approved, May 8, 1933.

Commissioner of Industrial Alcohol.

W. H. WOODIN,

Secretary of the Treasury.

HOMER S. CUMMINGS,

Attorney General.

A. V. DALRYMPLE,

Director of Prohibition.

DAVID BURNET,

Commissioner of Internal Revenue.

APPENDIX

PUBLIC NO. 6-SEVENTY-THIRD CONGRESS

[S. 562]

AN ACT Relating to the prescribing of medicinal liquors

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the third sentence of section 7 of title II of the National Prohibition Act, as amended, is amended to read as follows: "No more liquor shall be prescribed to any person than is necessary to supply his medicinal needs, and no prescription shall be refilled. No person shall by any statement or representation that he knows is false, or could by reasonable diligence ascertain to be false, induce any physician to prescribe liquor for medicinal use (1) when there is no medicinal need for such liquor or (2) in excess of the amount of medicinal liquor needed."

(b) Section 7 of title II of such act, as amended, is further amended by inserting before the period at the end thereof a semicolon and the following: "but no physician shall be called upon to file any statement of such ailment in the Department of Justice or the Department of the Treasury or in any other office of the Government, or to keep his records in such a way as to lead to the disclosure of any such ailment, except as he may be lawfully required (1) to make such disclosure in any court in the course of a hearing under authority of section 9, title II, of this act, or (2) to make such disclosure to any duly qualified person engaged in the execution or enforcement of this act or any act supplementary hereto." SEC. 2. Strike out section 8 of title II of the National Prohibition Act, and insert in lieu thereof the following.

"SEC. 8. The Commissioner shall cause stamps to be printed, the design of which shall be prescribed by regulations in accordance with the provisions of this act, and he shall furnish the same free of cost to physicians holding permits to prescribe. Each such physician shall affix one of said stamps to each such prescription written by him and shall cancel same under regulations to be prescribed in accordance with the provisions of this act. No physician shall prescribe and no pharmacist shall fill any prescription for liquor unless such stamp is affixed thereto. Every person who, otherwise than is authorized by this act, uses or who falsely makes, forges, alters, counterfeits, or reuses any stamp made or used under any provision of this act, or with such intent uses, sells, or has in his possession any such forged, altered, or counterfeited stamp, or any plate or die used or which may be used in the manufacture thereof, or who shall make, use, sell, or have in his possession any paper in imitation of the paper used in the manufacture of any stamp required by this act, shall, on conviction, be punished by a fine not exceeding $1,000 or by imprisonment at hard labor not exceeding two years. The effective date of this section 2 shall be not earlier than January 1, 1934."

SEC. 3. Strike out the first paragraph of section 2 of the act entitled "An act supplemental to the National Prohibition Act," approved November 23, 1921, and insert in lieu thereof the following:

"SEC. 2. Only spirituous and vinous liquor may be prescribed for medicinal purposes. All prescriptions for any other liquor shall be void. But this provision shall not be construed to limit the sale of any article the manufacture of which is authorized under section 4, title II, of the National Prohibition Act." SEC. 4. Strike out subdivision (a) of section 5 of the Prohibition Reorganization Act of 1930, and insert in lieu thereof the following:

"(a) The Attorney General and the Secretary of the Treasury shall jointly prescribe all regulations under this act and the National Prohibition Act relating to permits and prescriptions for liquor for medicinal purposes, and the quantities of spirituous and vinous liquor that may be prescribed for medicinal purposes, and the form of all applications, bonds, permits, records, and reports under such acts: Provided, That all regulations relating to the Bureau of Prohibition in the Department of Justice shll be made by the Attorney General."

[merged small][ocr errors]

SUSPENSION OF REPORTS OF LARGE SPECULATIVE ACCOUNTS IN GRAIN FUTURES

[blocks in formation]

REPORT RELATIVE TO SUSPENSION OF REPORTS OF LARGE SPECULATIVE ACCOUNTS IN GRAIN FUTURES

MAY 15, 1933.-Referred to the Committee on Agriculture and Forestry and ordered to be printed with illustrations

DEPARTMENT OF AGRICULTURE,
Washington, May 13, 1933.

The PRESIDENT OF THE SENATE.

SIR: I have the honor to transmit herewith a report in response to Senate Resolution 376, Seventy-second Congress, second session, adopted by the Senate March 2, 1933, relative to the suspension by Secretary of Agriculture Arthur M. Hyde on October 22, 1932, of certain reporting requirements imposed by authority of the Grain Futures Act with respect to the grain-futures accounts by large speculators.

In the light of the experience of the Department in the administration of the act, it appears that a requirement of daily reports covering the commitments of large operators on boards of trade serves a very useful purpose in the effective administration of the act. Consideration, therefore, is being given to the reinstatement of some form of reporting requirement.

Respectfully,

H. A. WALLACE,
Secretary.

174652-33

« SebelumnyaLanjutkan »