(a) Notwithstanding the provisions of §§ 930—949 of this title, the Secretary of Health is hereby empowered, through special regulations promulgated for the purpose, to authorize the dispensing of dangerous drugs, barbiturates or antibiotics, as defined in § 931 of this title, under the following circumstances:
(1) By a registered pharmacist or a pharmacy aide, in a medicine chest, dispensary or pharmacy operated by the federal or commonwealth government or any municipality.
(2) By a registered pharmacist or a pharmacy aide, in any private pharmacy, when the dispensing is limited to delivering to the buyer a package or container whose contents have been previously formulated and prepared by the manufacturer or by a registered pharmacist and is in conformity with the practitioner’s order or prescription.
(3) By a registered pharmacist and in private pharmacies, in circumstances of urgent need and obvious indication, in amounts not to exceed, taking into account the patient’s age, the average dosage for only one application, according to the American Pharmacopoeia, or according to the labeling in the original container if the preparation is not included in said Pharmacopoeia, and only once, the pharmacist not being permitted to repeat such dispensing to the same person before 48 hours have elapsed.
(b) For the adoption and judicial review of the regulations provided in subsection (a) of this section the same procedure established for the approval and judicial review of the regulations provided for in § 946 of this title shall govern. No regulation adopted hereunder shall be promulgated without the previous approval of the Governor and its transmittal to the Legislature.
History —July 13, 1960, No. 126, p. 350, §§ 20, 21; June 14, 1965, No. 18, p. 32, § 1.