PART II

TOXICOLOGY

I.--DEFINITION OF A POISON

Though the law does not define in definite terms what a poison really

is, it lays stress on the _malicious intention_ in giving a drug or

other substance to an individual. It is a _felony_ to administer, or

cause to be administered, any poison or other destructive thing with

intent to murder, or with the intention of stupefying or overpowering an

individual so that any indictable offence may be committed. It is a

_misdemeanour_ to administer any poison, or destructive or noxious

thing, merely to aggrieve, injure, or annoy an individual. For a working

_definition_ we may state that a poison is a substance which, when

introduced into or applied to the body, is capable of injuring health or

destroying life. A poison may therefore be swallowed, applied to the

skin, injected into the tissues, or introduced into any orifice of the

body.

II.--SALE OF POISONS; SCHEDULED POISONS

The sale of poisons is regulated by various Acts, but chiefly by the

Pharmacy Act, 1868, and by the Poisons and Pharmacy Act, 1908. Only

registered medical practitioners and legally qualified druggists are

permitted to dispense and sell scheduled poisons. They are responsible

for any errors which may be committed in the sale of poisons. If a

druggist knows that a drug in a prescription is to be used for an

improper purpose, he may refuse to dispense it. The practitioner who

carelessly prescribes a drug in a poisonous dose is not held

responsible, but the dispenser would be if he dispensed it and harmful

or fatal consequences followed on its being swallowed. When a dispenser

finds an error in a prescription, it is his duty to communicate with the

prescriber privately pointing out the mistake.

A great responsibility rests on the medical man who does his own

dispensing, as there is no one to check his work.

If a doctor prescribes a drug with the intention of curing or preventing

a disease, but that, contrary to expectation and general experience, it

causes illness or even death, no responsibility can rest with the

prescriber. It has to be proved that actual injury has been sustained by

the complainant before an action for damages can be commenced, and that

the plaintiff was free from all contributory negligence.

=Scheduled Poisons.=--By the Pharmacy Act of 1868 two groups of poisons

are scheduled. Part I. contains a list of those which are considered

very active poisons--_e.g._, arsenic, alkaloids, belladonna,

cantharides, coca (if containing more than 1 per cent. alkaloids),

corrosive sublimate, diachylon, cyanides, tartar emetic, ergot, nux

vomica, laudanum, opium, savin, picrotoxin, veronal and all poisonous

urethanes, prussic acid, vermin killers, etc. Such poisons must not be

sold to strangers, but only to persons known to or introduced by someone

known to the druggist. If sold, the latter must enter into the 'Poison

Register' the name of the poison, the name of the person to whom it is

sold, the quantity and purpose for which it is to be used, and date of

sale. The entry must be signed by the purchaser and by the introducer.

The word 'Poison' must be affixed to the bottle or package, and also

the name and address of the seller.

Aids to Forensic Medicine and Toxicology · 第 5 / 7 章