Michael D. Gelety, Ft. Lauderdale, Fla., for defendant-appellant.
Leon B. Kellner, U.S. Atty., Miami, Fla., Linnea Johnson, Phillip D. DiRosa, Andrea M. Simonton, Linda C. Hertz, Asst. U.S. Attys., Ft. Lauderdale, Fla., for plaintiff-appellee.
Before GODBOLD, VANCE and JOHNSON, Circuit Judges.
Johnny Tisdale was indicted on a single count of bank robbery by use of a dangerous weapon in violation of 18 U.S.C. § 2113(d). Following a three day trial, a jury found him guilty as charged. Tisdale was sentenced to twenty years imprisonment and fined fifty dollars. He now appeals.
Appellant raises four claims of error. First, Tisdale contends that the trial court incorrectly denied his pre-trial motions to suppress evidence obtained from a prior arrest. He charges that his prior arrest was grounded on an unconstitutional police stop and therefore the booking photographs taken at that time constitute fruit of a poisonous tree. See Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963). Tisdale argues that these booking photographs were used in this case in out-of-court photo lineup identifications and in-court identifications, thereby rendering these identifications invalid.
Even assuming, arguendo, that the prior arrest was unlawful and that use of the booking photographs was impermissible, the district court committed no reversible error. Appellant's motions to suppress were granted in large part. The trial judge refused to admit in evidence the booking photographs of Tisdale taken at the time of his prior arrest. The trial court also suppressed all pre-trial identifications which involved these booking photographs. The court was careful to permit in-court identifications only where a proper independent foundation was laid.
This court need not reach the question of the constitutionality of this prior arrest.
At trial, the booking photographs were used with only two witnesses. Gerris Smith was shown these photographs when asked to describe Tisdale's appearance in the days before the robbery. It is clear from her testimony, however, that she did not need the booking photographs to identify and describe Tisdale. Smith had been in constant contact with defendant during that period and readily recognized Tisdale as the person appearing in photographs taken by a hidden camera during the bank robbery. The arresting officer, Don Atkinson, did need the photograph to refresh his recollection as to what Tisdale looked like on the day of the robbery. Atkinson's testimony, as well as Smith's, was not critical to the prosecution; he served merely to corroborate other witnesses who identified Tisdale as the bank robber. Three bank employees — the teller who handed over the money, the assistant manager, and the bank manager — all identified Tisdale as the bank robber and as the gunman in the photographs taken by the bank's surveillance cameras. The defendant's getaway driver, James Cook, also testified at trial. He stated that on Tisdale's instructions, he dropped Tisdale off at the Sun Bank, drove around the block, and picked up Tisdale. Cook said Tisdale left the car carrying a gun and returned on the run with red dye and smoke trailing from a bag. This testimony was consistent with the physical evidence and the testimony of the bank employees. Having reviewed the evidence, we conclude that the evidence of guilt was overwhelming and that any constitutional error in the use of the booking photographs was harmless beyond a reasonable doubt. See Chapman v. California, 386 U.S. 18, 24, 87 S.Ct. 824, 828, 17 L.Ed.2d 705 (1967).
The district court did not permit Smith to testify that she was Tisdale's probation officer, nor did it permit Atkinson to testify that he was as a police officer.
Atkinson bolstered the eyewitness identifications by further supporting their statements that the defendant had changed his appearance between the time of the robbery and the trial.
Appellant also charges that the allegedly unlawful prior arrest tainted the entire police investigation that led to Tisdale's arrest in this case. Tisdale, however, offers no evidence to support this assertion.
Appellant also contends that the trial court erred by failing to properly instruct the jury concerning the elements of 18 U.S.C. § 2113(d). Tisdale asserts that the trial court should have employed a special verdict form enumerating whether a firearm was used in the robbery. In addition, he argues that the court erred by failing to instruct the jury on the lesser included offense of unarmed bank robbery. Tisdale claims that he was innocent of bank robbery by use of a dangerous weapon because the gun that he employed during the robbery was a non-functional, plastic toy gun.
Contrary to Tisdale's claims, there was no factual dispute at trial about the genuineness of the gun. There was no evidence that the gun was a toy. The photographs taken by the hidden bank cameras and the eyewitness testimony indicated that the robber was carrying a real gun. Tisdale's co-defendant, James Cook, testified that Tisdale was not using Cook's toy gun during the robbery. Absent any evidence to support the bare assertion of Tisdale's lawyer that the gun was non-functional, the trial court was not required to instruct the jury about lesser included offenses. See United States v. Brooks, 611 F.2d 614, 619 (5th Cir. 1980); United States v. Boswell, 565 F.2d 1338, 1343 (5th Cir.), cert. denied, 439 U.S. 819, 99 S.Ct. 81, 58 L.Ed.2d 110 (1978). It was sufficient that the trial court instructed the jury that "the use of dangerous weapon or device" was a necessary element of the crime and explained the meaning of the terms "dangerous weapon or device." See generally United States v. Flint, 534 F.2d 58, 60 (5th Cir.), cert. denied, 429 U.S. 924, 97 S.Ct. 324, 50 L.Ed.2d 592 (1976); United States v. Mansaw, 714 F.2d 785, 791 (8th Cir.), cert. denied, 464 U.S. 986, 104 S.Ct. 434, 78 L.Ed.2d 366 (1983); McIllrath v. United States, 188 F.2d 1009 (D.C. Cir. 1951).
Appellant next contends that the trial court erred in prohibiting him from impeaching the testimony of James Cook with convictions that were more than ten years old. Tisdale insists that he should have been allowed to cross-examine Cook regarding Cook's convictions in 1964 for armed robbery, in 1965 for breaking and entering, and in 1969 for aggravated assault. Tisdale argues that these serious and violent crimes discredited the testimony of Cook and showed his motivation to testify against Tisdale.
Rule 609(b) of the Federal Rules of Evidence prohibits the admission of evidence of past convictions for impeachment purposes, if the convictions are more than ten years old, "unless the court determines, in the interests of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs its prejudicial effect." This circuit has held that a presumption exists against the use of prior crime impeachment evidence over ten years old and that such convictions "will be admitted very rarely and only in exceptional circumstances." United States v. Cathey, 591 F.2d 268, 275 (5th Cir. 1979). In evaluating whether exceptional circumstances exist, "the trial judge must consider whether the witness has already been impeached, and if so, the probative value of the prior conviction decreases accordingly." Id. at 277.
Here, Cook was a "man well impeached without benefit of stale convictions." United States v. Solomon, 686 F.2d 863, 873 (11th Cir. 1982). Cook admitted in his testimony that he had been previously convicted of violating parole in 1977, carrying a concealed firearm in 1982, and escaping from confinement in 1984. It was made apparent to the jury that Cook had an extensive criminal past, including an involvement with dangerous weapons. Cook also stated that his testimony was given in exchange for a plea agreement with the government, and he was extensively cross examined regarding the specifics of, and his motives for, this plea agreement. The three convictions from the 1960's added little to the ample impeachment evidence already available to Tisdale. Accordingly, the trial court did not abuse its discretion in limiting cross-examination as to these three overage convictions. See United States v. Burke, 738 F.2d 1225, 1227 (11th Cir. 1984).
The Solomon court explicitly rejected the distinction urged by appellant here between use of prior crimes to impeach the defendant and their use to impeach other witnesses. 686 F.2d at 873.
Finally, appellant contends that his right to a fair trial was prejudiced by three allegedly improper remarks made by the prosecutor during the government's closing argument. Tisdale argues that the prosecutor unfairly engaged in a character attack when he told the jury: "I am not going to stand here and tell you James Cook is a wonderful person . . . he is dirty, low-life criminal, but so is this man [Tisdale]. They have known each other since the 60's." This court has noted than an "unflattering characterizations of a defendant will not provoke a reversal when such descriptions are supported by the evidence." United States v. Windom, 510 F.2d 989, 994 (5th Cir.), cert. denied, 423 U.S. 863, 96 S.Ct. 121, 46 L.Ed.2d 91 (1975). The facts at trial indicated that Tisdale and Cook were long time friends. The evidence also demonstrated that the two had joined together to commit armed bank robbery. Since the evidence supported the prosecutor's statement, there was no error. See, e.g., United States v. Drum, 733 F.2d 1503, 1508 (11th Cir.), cert. denied, 469 U.S. 1061, 105 S.Ct. 543, 544, 83 L.Ed.2d 431 (1984); United States v. Malatesta, 583 F.2d 748, 759 (5th Cir. 1978).
Appellant also complains of the inflammatory nature of the prosecutor's comment, "just think how frightening it must have been to have a gun pointing at you two feet from your face." A prosecutor "may not make an appeal to the jury that is `directed to passion or prejudice rather than to an understanding of the facts and of the law.'" United States v. Phillips, 664 F.2d 971, 1030 (5th Cir. 1981), cert. denied, 457 U.S. 1136, 102 S.Ct. 2965, 73 L.Ed.2d 1354 (1982) (quoting United States ex rel. Perry v. Mulligan, 544 F.2d 674, 680 (3d Cir. 1976), cert. denied, 430 U.S. 972, 97 S.Ct. 1659, 52 L.Ed.2d 365 (1977). When taken in context, it is clear that the prosecutor in this case was merely attempting to impress upon the jury the element of intimidation necessary to support a conviction under 2113(d). Because the prosecutor's remark was directed to the jury's understanding of the facts and law before it, the district court did not err in failing to give a curative instruction.
The prosecutor also stated, "I believe the government has proven its case beyond a reasonable doubt." Appellant argues that this statement improperly injected the prosecutor's personal opinion into the case. Although we ordinarily disapprove of a prosecutor stating his personal opinion, see United States v. Young, 470 U.S. 1, 105 S.Ct. 1038, 1048, 84 L.Ed.2d 1 (1985); United States v. Phillips, 664 F.2d 971, 1030 (5th Cir. 1981), cert. denied, 457 U.S. 1136, 102 S.Ct. 2965, 73 L.Ed.2d 1354 (1982), the prosecutor here was merely attempting to argue the weight of the evidence. See United States v. Wayman, 510 F.2d 1020, 1028 (5th Cir.), cert. denied, 423 U.S. 846, 96 S.Ct. 84, 46 L.Ed.2d 67 (1975). The impact of this single comment was minimal. Moreover, any problem regarding this comment was cured by the trial court's instruction that statements made by the lawyers were neither evidence nor binding upon their decision. See United States v. Rodriguez, 765 F.2d 1546, 1560 (11th Cir. 1985); United States v. Weinstein, 762 F.2d 1522, 1542 (11th Cir. 1985), cert. denied, ___ U.S. ___, 106 S.Ct. 1519, 89 L.Ed.2d 917 (1986).
The evidence of appellant's guilt was overwhelming. The claims of error made in this appeal do not address the core of the government's case: the photographs taken during the bank robbery and the testimony of the three eyewitnesses to the robbery. Consequently, the errors alleged by appellant did not prejudice Tisdale and were harmless. See United States v. Hasting, 461 U.S. 499, 103 S.Ct. 1974, 76 L.Ed.2d 96 (1983).


text:
A presentation of the new book "V. V. ARISTOV. PREDICTIONS OF AN EYEWITNESS" (Moscow. OGI. 2003. 352 pp). V. V. ARISTOV ( ).
V. P. KAZARYAN ( ). "TEMPORALITY AND NATURAL SCIENCES".
An announcement of the future report "SOME PREMISES OF A CONCEPT OF TIME AS A SUBSTANCE OF A SOCIAL LEVEL OF SELF-ORGANIZATION". YU. YU. FIGATNER ( ).
G. G. YERSHOVA ( ). "TIME AND SELF-ORGANIZATION OF AN ANTHROPOSYSTEM".
An announcement of the future report "WAS THERE THE BIG BANG?". I. N. GANSVIND.
L. S. SHIKHOBALOV ( ). "A RADIANT MODEL OF AN ELECTRON". An electron is modelled as such a geometrical object in the Minkowski space, which has form of 4-dimensional ball and has specific structure. This object is unlimited and it joins an electric charge and charge's electromagnetic field. The model describes the electric and magnetic fields of an arbitrary moving charge. It describes the spin and the intrinsic magnetic moment of an electron as well and it gives the values of the fine structure constant and of the Lande-factor, which is equal to experimental ones with high precision.
An announcement of the future report "AN IMAGE OF TIME IN NATURAL SCIENCE: "ARROW", "NOW", "INDIVIDUALITY OF EVOLUTION". S. F. TIMASHEV ( ).
G. P. AKSYONOV. "AN INTERDICT OF V. I. VERNADSKY AND DIFFERENT AGES OF SOLAR SYSTEM'S BODIES". According to Vernadsky all determinations of ages of rocks refer never to the age of our planet. Indeed we find only the frontier of last metamorphism taken place just with this rock. However geologists continue to use the notion “geological age“ as age of the planet. Where is start of a rock aging? Whether there is a rock of 0 years duration? Yes, it is the place on earth's surface, in the biosphere. The biosphere always is young. This surface may be named the actual surface. From here various chemical compositions set off in sediments and submerge then. In course of millions and milliards years this deposits stand metamorphic rocks or fuse and set out in the actual surface and include to the biosphere. The circle is full or almost full. Therefore the age of our planet is rock's ages starting in the biosphere. A geological history of the Earth equals biosphere's time. The biosphere was always. Vernadsky's great idea of connected geological and biospherical histories (geological eternity of the life) permits him to draw a conclusion that Earth is not an exclusion of a series of solar system's solid bodies. Each and all have or had in past a biosphere. Biospheres on solid planets break off different time and step by step their geological activity break off too. Therefore they have various ages. Some of planets as Earth, Io, Europe have a young surface, others as Triton were animated 1 milliard years ago. Tectonic activity of Moon break off about 3,5 milliard years ago. Each of 22 globose solid planets is unique. Therefore an age of solid planets is biological time.
"ARTIST AND TIME". ZOYA ZHURAVLYOVA ( ).
L. POLIKARPOVA (Belgrade). "TIME IN THE PLAY "CHERRY ORCHARD" BY A. P. CHEKHOV".
The conference "Reflections on time" in the Moscow polytechnical museum.
An announcement of the future report "THE CODE AND SPACE-TIME CHIRALITY ARE BASIC CHARACTERISTICS OF THE MATTER ORGANIZATION". P. N. BOLDIN ( ).
A presentation of the new book "YU. V. CHAYKOVSKY. EVOLUTION" (Moscow. Center of System Researches. 2003. 472 pp). YU. V. CHAYKOVSKY.
S. D. HAITUN ( ). "TIME AS LATENCY". Coming from the postulated fact of monotonous growth of entropy in the course of evolution of observed world some authors are identifying the time with entropy, and some are conjecturing a structure of the time, which they are trying to investigate. The application of the measurement theory provides the arguments against such identification and conjecturing. There are two types of variables which take place in the measurement theory – indicators and latencies. The latencies are the concept of the measurement subject about the measuring property. Time is exactly this kind of latency. In our monograph “The Problems of Quantitative Analysis of Science“ (M.: Nauka, 1989) the nature of latencies is studied in details. It is shown, that the scale of latency is postulated by subject, which intuitively always chooses it linear. Thus the scale of time is also at the power of subject and also is chosen as linear. So the scale of time is “primarily linear“. The question about linear scale of time is not the question about the nature of time, but, rather, about the nature of the measurement subject. The same thing happens with the structure of time – the measurement subject is free not to conjecture any structure of time, and so we do not have to conjecture it also – this is the requirement of the principle of the economy of thinking.
An announcement of the future report "KINEMATIC RELATIONS IN A MODEL OF EVENTS". D. L. KIRKO ( ).
An announcement of the future report "A PROBLEM OF A KNOWLEDGE LIFETIME IN A CLOSED SYSTEM OF INFORMATION". D. M. MIL'KO ( ).
V. M. SARYCHEV ( ). "A MULTILEVEL TIME STRUCTURE OF LONG-LIVING SYSTEMS".
An announcement of the future report "PHILOSOPHY AND TIME". V. A. SARKISOV ( ).
A. V. ANTIPIN ( ). "SPECIAL THEORY OF RELATIVITY AND GLOBAL NOW OF THE UNIVERSE". It is shown, that the consecutive application of the concept of world lines in the special theory of relativity, inevitably results in determinism of the World as a whole, i.e., in absence of Time, as the phenomenon. Within the framework of a formalism of the special theory of relativity, the decision returning TIME into the theory is the hypothesis about presence in the Minkowski space-time only one allocated hyperplane existing at each own moment T. This hyperplane also is the Universe at the moment of the own global present.
An announcement of the future report "ON SPACE AND TIME FORMING". G. K. MKRTUMYAN ( ).
YU. V. NIKONOV ( ). "SELF-ORGANIZATION OF BIOLOGICAL TIME AT ALCOHOLIC DEPENDENCE". The interpretation of the published works of several authors is carried out. The formation of remissions at the alcoholic dependence is considered in the context of dynamics of cytobiophysical parameter of biological age (BA) (percent of mobile nuclei of crates (PMN) of buccal epithelium in an electrical field as self-organization of fractal biological time of the open biological ethanol-dependent system of the organism of a man in conditions of the deprivation of alcohol). With the consideration of the revealed laws the applicability for the description of the formation of remissions at the alcoholic dependence in a context of dynamics of PMN and of BA of the model of the limited growth of a population is carried out, with the consideration of appearance of fractal structures and the use of representation of biological time as complex numbers. Within the offered hypothesis the problem of the formation of the alcoholic dependence remissions is considered to be connected with the laws of the self-organization of the biological time of the organism of a man.
A. V. ISAYEV. "COSMOLOGY OF NUMBERS OR AN ORTHODOX MODEL OF SPACE-TIME".
A VERSE PARTY IN CONNECTION WITH THE END OF THE LEAP-YEAR.

matches: V. V. V. V. V. V. V. V. V. V. V.


Except as provided in § 70.00(4), (5), and (6) or § 70.80 of Art. 70 - Sentences of Imprisonment, a sentence of imprisonment for a felony, other than a felony defined in Art. 220 - Controlled Substances Offenses or Art. 221 - Offenses Involving Marihuana of the Penal Law, shall be an indeterminate sentence.
When such a sentence is imposed, the court shall impose a maximum term in accordance with the provisions of § 70.00(2) and the minimum period of imprisonment shall be as provided in § 70.00(3).
2. Maximum term of sentence.
(e) For a class E felony, the term shall be fixed by the court, and shall not exceed four years.
3. Minimum period of imprisonment.
(a) In the case of a class A felony, the minimum period shall be fixed by the court and specified in the sentence.
(C) where a sentence is imposed upon a defendant convicted of attempted murder in the first degree as defined in Art. 110 - Attempt and § 125.27(1)(a)(i), (ii), or (iii) and (1)(b) or attempted aggravated murder as defined in Art. 110 - Attempt and § 125.26 such minimum period shall be 20 to 40 years.
(ii) For a class A-II felony, such minimum period shall be three years to eight years, four months, except that for the class A-II felony of predatory sexual assault as defined in § 130.95 or the class A-II felony of predatory sexual assault against a child as defined in § 130.96, such minimum period shall be 10 to 25 years.
(b) For any other felony, the minimum period shall be fixed by the court and specified in the sentence and shall be one year to one-third of the maximum term imposed.
4. Alternative definite sentence for Class D and E felonies.
When a person, other than a second or persistent felony offender, is sentenced for a class D or class E felony, and the court, having regard to the nature and circumstances of the crime and to the history and character of the defendant, is of the opinion that a sentence of imprisonment is necessary but that it would be unduly harsh to impose an indeterminate or determinate sentence, the court may impose a definite sentence of imprisonment and fix a term of one year or less.
5. Life imprisonment without parole.
Notwithstanding any other provision of law, a defendant sentenced to life imprisonment without parole shall not be or become eligible for parole or conditional release.
For purposes of commitment and custody, other than parole and conditional release, such sentence shall be deemed to be an indeterminate sentence.
A defendant may be sentenced to life imprisonment without parole upon conviction for the crime of murder in the first degree as defined in § 125.27 and in accordance with the procedures provided by law for imposing a sentence for such crime.
provided, however, that nothing in this subdivision shall preclude or prevent a sentence of death when the defendant is also convicted of the crime of murder in the first degree as defined in § 125.27.
A defendant must be sentenced to life imprisonment without parole upon conviction for the crime of murder in the second degree as defined in § 125.25(5) or for the crime of aggravated murder as defined in § 125.26(1).
A defendant may be sentenced to life imprisonment without parole upon conviction for the crime of aggravated murder as defined in § 125.26(2).
the court must impose a determinate sentence of imprisonment in accordance with the provisions of such sections and such sentence shall include, as a part thereof, a period of post-release supervision in accordance with § 70.45.


The law on pharmacy (pharmacy Act).
Date LAW-2000-06-02-39 Ministry the Ministry of health and care services last modified the law-2015-06-19-59 from 01.07.2015, law-2015-06-19-65 from 01.10.2015 Published in 2000 booklet 12 entry into force 01.03.2001, 01.07.2001 (section 8-1) changes Announced short title Pharmacy Law-apotl.
Chapter overview: Kap. 1. General provisions (§ § 1-1-1-6) Chapter. 2. Concession to the ownership of pharmacies (§ § 2-1-2-14) Chapter. 3. Concession for the operation of pharmacies (§ § 3-1-3-11) Chapter. 4. The chemist's staff (§ § 4-1-4-6) Chapter. 5. Basic requirements for pharmacy business (§ § 5-1-5-8) Chapter. 6. Sales and marketing from the pharmacy (§ § 6-1-6-12) Chapter. 7. Production of medicines in pharmacies (§ § 7-1-7-3), Chap. 8. Supervision of pharmacies (§ § 8-1-8-5) Chap. 9. Administrative provisions and punishment (§ § 9-1-9-5) Chap. 10. Entry into force. The transitional rules (sections 10-1-10-5) cf. the law 4 des 1992 Nr. 132 (drugs). -CF. the previous regulation 4 des 1672, 6 feb 1686, 21 apr 1812, laws 25 feb 1860, June 6, 1877 Nr. 2, 4 aug 1909 (additional laws 20 aug 1915 No. 4, June 29, 1917, no. 1, 28 July 1921 No. 5, 23 May 1930 No. 6, 17 June 1932 No. 1, regulation 12 Oct 1940, laws June 13, 1947, no. 1, 15 des 1950 No. 9, 27 Feb. 1953, no. 2, May 31, 1963, no. 2), July 25, 1910 Nr. 2 (additional law June 7, 1913), 8 March 1935 kap. 9, 21 June 1963 No. 17. Chap. 1. General provisions § 1-1. Purpose this law have to purpose to ensure proper disclosure of pharmaceutical products to the end user. The participants to the appropriate drug use in the population and to good availability in all parts of the country to the drugs and pharmaceutical services that have good quality and reasonable price.
§ 1-2. The scope of the law apply to pharmacies.
The armed forces ' pharmacies will not enter under this law, unless otherwise determined by the King. The King can give the regulations on their business.
The King may decide that certain pharmacies owned and operated by the State shall be exempted from certain provisions of this law.
The King provides regulations on the application of the law on Svalbard and can establish special rules under consideration for the on-site conditions.
k) expedition: pharmaceutical control and istandgjøring of the drug according to a prescription or requisition.
section 1-4. Demands for concession to own and operate pharmacies required public approval in the form of concession to ownership to the pharmacy after kap. 2 (pharmacy concession) and the concession for the operation of the pharmacy for kap. 3 (operating licence).
section 1-5. The use of characteristics to outwardly signify Pharmacy themselves with the word pharmacy. Hospital pharmacies can denote them outwardly as hospital pharmacies. The pharmacy's own name shall be approved by the Ministry, that can deny the special name used.
The word Pharmacy and compounds that contain this word, not used as a designation for any business that is not Government-approved pharmacies by law. Such words must not be used as the designation of and advertising for products not covered by the pharmacy bargaining obligation.
The title pharmacies must not be used by someone who is not pharmacy under this Act. Commercial use of the word compounds containing this title, is not allowed.
section 1-6. Liability For the patient's injuries comes to rules of patient injury law.
Pharmacy liability by the manufacture of drugs is regulated in the product liability Act Chapter 3.
Kap. 2. Concession to ownership to the pharmacies section 2-1. The concession authority Concession to ownership of the pharmacy (pharmacy licence) granted by the Ministry.
section 2-2. Pharmacy licence with the limitations imposed by section 2-3, an applicant the right to the pharmacy licence if the following requirements are met: a) the applicant must document the financial ability to operate professionally prudent, in accordance with the requirements set out in the business to pharmacies law and regulations, including the financial ability to offer necessary ikkelønnsomme pharmaceutical services.
b) applicant must document the probability that the chemist's professional business get a scope that is large enough that the pharmacy's competence as subjects trading and supplier of drugs to be secured and kept by the same. The claim can be documented in the community with other or other nearby pharmacies with the same owner, or in committed relationship.
The Ministry may by regulation fix the rules that limit the right to a licence under this section if the konkurransepolitiske into account requires. The Ministry may by regulation fix the rules that limit the right to a licence under this section if the consideration of a geographic proper distribution of pharmaceutical personnel requires. Such rules may not limit the right of the transferee's pharmacy licence by the acquisition of an existing pharmacy and the owner's right to the new concession for existing pharmacies by the conversion of eierform.
§ 2-3. Applicants who can not be given concession after concession pharmacy Pharmacy section 2-2 can not be granted if: a) the applicant has the right rekvirerings for drugs, industrial supplier of drugs or is affiliated with such supplier or company who takes ill in treatment. The same applies if the applicant has such close, unless the Ministry make exceptions in each case.
b) seeks is a company that takes sick in treatment or an industrial enterprise as supplier of drugs. The same applies if the applicant is a company that is headed by the person with the right rekvirerings for drugs. Unless the Ministry make exceptions in each case, the requirement applies to the company's General Manager, the members of the Board of Directors and their close associates, as well as all company participants and their close associates if the entity is a responsible company.
c) seeks is a company that directly or indirectly owned by 10 percent or more of the person with the right rekvirerings for drugs or by close associates to this or of undertakings that take sick in treatment or of the undertaking which has control of such undertaking. The limit also applies to cooperative groups of such persons. The Ministry may in each case make exceptions from the border in the first sentence for related to person with rekvirerings right.
d) seeks is controlled by one or more industrial manufacturers of medicinal products or of undertakings which directly or indirectly owns 10 per cent or more of such manufacturers.
e) seeks is in control of a company that takes sick in treatment.
An entity has control over another undertaking when it takes place before this in an unbroken string of companies that have controlling interest over a blocking minority stake or a third or more of the vote or the share capital in the next entity in the series.
If the applicants have previously had pharmacies concession which is called back under section 2-13, new concession is granted only if the Ministry finds it ubetenkelig. The same applies if the applicant or his representatives or owners with controlling interest, has had a controlling influence over the pharmacies the concessionaire that has lost the license due to the revocation or lapse.
§ 2-4. Pharmacy license to municipalities and county municipalities in particular cases can be given to the pharmacy licence municipalities and county municipalities, and to the enterprise that is owned entirely by a municipality or County Council.
section 2-5. Pharmacy license to hospital pharmacies Pharmacies concession to hospital pharmacies can be given to the State, municipalities, county councils and to enterprises that are owned entirely by the State, municipality or County Council. Concession to the hospital pharmacies may also be given to the private applicant.
Applicants must meet the requirements in section 2-2 CF. § 2-3 first paragraph, LITRA a, b and d.
section 2-7. Pharmacies konsesjonens scope A pharmacy licence includes a specific pharmacy in a specific geographical area.
Pharmacy license may otherwise include: a) Permission to the creation of medicine outlets in areas without pharmacies. Permission to have medicine outlets can be called back with 6 months notice, and will be called back if it established a pharmacy on site.
b) supplier of permission under section 7-1 and permit pursuant to section 7-3 third paragraph to the sales to pharmacies and wholesaler of medicinal products which are manufactured to the inventory.
securing the drug supply through the creation and operation of pharmacies or medicine outlets in the area without pharmacies offer, or through the takeover of the pharmacy or medicine shop in the area that are in danger of losing the pharmacies offer f) intervention to the proper drug emergency g) the manufacture and supply of essential drugs for the sake of the national drug supply.
Instead of the naturaloppfyllelse of the terms and conditions as are required by the first paragraph, the Ministry can approve that the criteria are met through the provision of financial compensation to other pharmacies in the area that are imposed on the same criteria.
Terms and conditions as mentioned in the first paragraph can be set even after the license is granted.
section 2-9. Legal effects of Pharmacy license Pharmacies concession means the right and duty to establish and operate pharmacies, medicine outlets and production of drugs, as specified in the license, see. section 2-7 and § 2-8.
The legal effects if the operation of the pharmacy is not started 12 months after the licence is granted and a new closing date is not set.
section 2-10. Disclosure and specific report to give konsesjonæren the duties of the Pharmacy Department Notice of significant changes on the information that is the basis for the concession decision.
section 2-11. The acquisition of pharmacies licensed Pharmacies, etc. may not be assigned licences.
At konsesjonærens death and bankruptcy and by the transfer of Pharmacy falls the concession away. Death or bankruptcy estate may by notification to the Ministry still take over the rights and duties after the pharmacies for a period of the licence up to 6 months. The period can be extended after application.
section 2-12. Waiver of the pharmacy licence Pharmacies konsesjonæren can give up the license and on the permissions given in relation to the concession. By forgoing the concession falls or the permit away 3 weeks after the relinquishment is given, but by decision after the second paragraph, where the lapse occurs first at the end of the phasing-out period.
The Ministry may extend the legal effects for the concession or the permissions for up to 12 months after the konsesjonæren has given up on it. Such a decision must be taken no later than 3 weeks after the relinquishment is given. The Ministry responds to economic loss as the operation has caused konsesjonæren in the phasing-out period.
section 2-13. Revocation and amendment of Pharmacy License Department can revoke the license if the criteria for a pharmacy section 2-2 CF. § 2-3 no longer exists.
Pharmacy license can also be called back: a) by breach of terms and conditions that are set under section 2-8 b) by breach of the reporting duties of Pharmacy konsesjonæren according to law, regulation or decision c) by inadequate intervention under supervision, jf. section 8-2 d) at the closing of the pharmacy pursuant to section 8-5 or by other operating the cessation as the owner responds to s) by waiver of the operating concession, if relinquishment is justified in uforsvarlige framework conditions for operation f) by deficient fulfilment in the pharmacy of the standards of quality and safety arising out of the law, regulation or decision or of good pharmacy or manufacturing practices.
If the callback reason in the first and second paragraph only applies to medicine outlets or the chemist's manufacture of drugs, the callback be limited to apply this section of Pharmacy license.
Pharmacy licence can also be called back if it makes itself the current conditions at pharmacies konsesjonæren that must be assumed to make them unfit to own or exercise eierrådighet in pharmacies. By enforceable judgement of lapse of the right to own pharmacies to the concession is revoked.
section 2-14. Regulations the Ministry may give further provisions to the completion and implementation of the policies in this chapter.
Kap. 3. Concession for the operation of pharmacies section 3-1. The concession authority Concession for the operation of pharmacies (operating licence) granted by the Ministry.
section 3-2. The right to the operating license has the right to Seek operating licence to a specific pharmacy if the following requirements are met: a) the applicant has Norwegian exam cand. pharm., master's in pharmacy or foreign education be recognised as being equivalent with Norwegian exam, jf. helsepersonelloven § 48 a first paragraph, LITRA c.
b) Seeking has at least 2 years of pharmaceutical practice after graduation, of which at least 12 months by pharmacies from the European economic area. Pharmacy practice from countries outside the European economic area can be added to reason if it is considered relevant to Norwegian conditions.
c) Seeking authorization has provisorfarmasøyt.
d) Searches have Honorable record according to police testimony.
e) seeks to be the General Manager of the pharmacy.
f) do not apply to operate unfit pharmacies.
The same person may not have more than one operating licence at the same time. In particular cases it may be allowed, that the same person can maintain an operating licence for up to 6 months after the person has begun to act as pharmacies on the basis of new operating licence.
section 3-3. Requirements for pharmacies the business Before operating the concession is given must prove that pharmacy pharmacy konsesjonæren fills the requirements that apply to the pharmacy business, including that it can be documented satisfactory ability to deliver of Pharmacy-made drugs.
section 3-4. Branch pharmacy in addition to hovedapoteket, permission is granted for the operation of up to three branch pharmacies, each of which should be under the on-site management of a person with authorization as provisorfarmasøyt or reseptarfarmasøyt, if pharmacies will make konsesjonæren that: a) Person with qualifications as mentioned in section 3-2 the first paragraph does not employ that pharmacies of causes that cannot be loaded pharmacies konsesjonæren.
b) Pharmacy pharmacy services that offer population cannot acquire in any other way without unreasonable expense or inconvenience. In special cases, this requirement waived.
The requirements of the first paragraph, LITRA a and b does not apply if the pharmacy on the application time is in operation as the branch pharmacies. In this case, the permission tidsbegrenses to the duration of the employment relationship to the pharmacy's head branch on-site.
§ 3-5. Terms of operating licence It can be set such terms for operating concession which are considered necessary for the pharmacist should be able to exercise their daily management of the pharmacy's business proper. Such terms can be set even after the license is granted.
§ 3-6. The relationship between konsesjonærene the pharmacist will ensure that the business at all times meets the academic requirements for pharmacy business that follows from the law, regulations, decisions and good pharmacies-and manufacturing practices.
The pharmacist shall follow pharmacies guidelines and konsesjonærens orders in their daily management of the pharmacy as far as the academic requirements that apply to the business is not an obstacle for it. If an order or a guideline is in conflict with the academic requirements for the pharmacy, is decided in the case of doubt by the Ministry.
Cases that after your business relationship is of unusual nature or of great importance, the pharmacist shall submit pharmacy konsesjonæren for decision, unless the case can not be delayed without significant inconvenience to the pharmacy or the customer.
Matters of employment, termination, suspension, dismissal and transfer of the pharmacy's staff will be determined always of Pharmacy konsesjonæren after setting from the pharmacist, with less decision-making authority in these matters fully added to the pharmacist.
§ 3-7. Operating the concession charge by apotekers absence By illness, leave of absence and other temporary absence of 1 month should be left to the business management daily a person with the right to exercise the profession as provisorfarmasøyt or with the reseptarfarmasøyt authorization. He or she shall have sufficient practice to take over the pharmacy operational responsibility. By continuous absence over 3 months should be sent message to the Ministry. The period may not normally exceed 12 months, but the Ministry may in particular cases authorize that it be extended.
section 3-8. Takeover of the operating licence, etc. Operating concession may not be assigned.
The concession falls away when apotekers working conditions ends. The rights and duties after the license can by message to the Ministry still be transferred for a period of up to 6 months to another person that fills the criteria in section 3-2, or to a person who fills the requirements to take over operational responsibility under section 3-7.
§ 3-9. Revocation and amendment of operating licence Department can finally or temporarily revoke the operating licence if the requirements to have it pursuant to section 3-2 the first paragraph no longer exists.
The same is true: a) by breach of terms and conditions that are set under section 3-5 b) by breach of the reporting duties of the pharmacist according to the law, regulation or decision c) by inadequate intervention under supervision, jf. section 8-2 d) by reckless personal exercise of the rights and responsibilities that pharmacy.
If the callback reason applies only to branch pharmacies or medicine outlets, the callback will be limited to this part of the operating concession.
section 3-10. At the same time lapse of pharmacies and the operating concession By waiver, recall and lapse of pharmacies the concession falls away while operating the concession pharmacies concession.
section 3-11. Regulations the Ministry may give further provisions to the completion and implementation of the policies in this chapter.
Kap. 4. The chemist's staff section 4-1. The chemist's professional staff chemist's pharmaceutical staff are employees with the right to exercise the profession as provisorfarmasøyt or reseptarfarmasøyt.
The pharmacy's technical staff are the employees with the right to exercise the profession as pharmacy technicians.
section 4-3. Human resources requirements are to have a Pharmacy academic staff in number and expertise are sufficient to ensure good quality and safety by the pharmacy's storage, manufacture, expedition and the provision of medicines. Pharmacy konsesjonæren to contribute to the necessary further-and continuing education.
At least one person accompanying the pharmacy's pharmaceutical staff should be present in all the opening hours.
The Ministry may by regulation provide further provisions on human resources requirements in the pharmacies and about pharmacies konsesjonærens interaction to further and continuing education.
§ 4-4. Expedition and handling of medicinal products Only the chemist's pharmaceutical staff have the right to independently to dispatch medicines for prescription and requisition that after the current extradition provisions shall be subject to the pharmaceutical control.
All handling of drugs shall be conducted under the supervision of the pharmacy's pharmaceutical staff. It should ensure that the current regulations are followed and that the work by the way is carried out professionally prudent.
§ 4-5. Cooperation with the health care provider if the customer needs warrant, to professional conduct in pharmacies happen by collaboration and interaction with other qualified health care professional.
section 4-6. Practical training in the practice of Pharmacy Technician Students education in high school, reseptar and pharmacy students and pharmacists with foreign education to take Norwegian additional try, has the right to the practical training in pharmacy that the Ministry has approved that practice pharmacy.
The Ministry determines the pharmacy that is practice Pharmacy and who is obliged to receive pupils and students to the practical training. The Ministry may give further provisions on the course length and content.
Kap. 5. Basic requirements for pharmacy business section 5-1. Premises, furnishings and equipment should be the chemist's premises designed, furnished and equipped well enough to ensure the good quality and high security in the pharmacy's storage, manufacture, expedition and the provision of medicines. Lokalenes design, furnishings and equipment should be adapted to the professional and technical development.
The pharmacy's audience should be delimited zone unique and suitable to attend to the public's need for discretion. Pharmacies konsesjonæren have access to the parts of the pharmacy that is not the public's zone after permission from the pharmacist or pharmacy manager.
The Ministry may by regulation provide further provisions on the chemist's premises, furnishings and equipment, and on securing the premises, etc., as well as rules on notification and approval by the rebuilding of the premises.
section 5-2. Opening and closing times the pharmacy should be open for the expedition and the provision of drugs to the public within their opening times. If not otherwise laid down pursuant to the second paragraph, it says the pharmacy free to decide their opening and closing times.
The Ministry may by regulation determine the minimum opening hours of pharmacies, and can also determine the closing times on Sundays. In the regulation may also be given provisions on the duty of reporting and announcement of opening hours.
section 5-3. Negotiation duty Pharmacy has the duty to negotiate: a) all drugs that are allowed sold here in country b) common medical equipment used by consumers.
The Ministry may provide regulations that determine which articles or product groups covered by the first paragraph. The Ministry may also provide provisions that restrict and extend bargaining obligation.
§ 5-4. Item deliveries, inventories and delivery so the pharmacy shall have procedures for the supply of goods to ensure fast delivery to the warehouse of goods covered by the bargaining obligation. The chemist's medicines can only come from approved wholesaler or from other business that has the Ministry's permission to sell drugs to pharmacies. Pharmacies with the same pharmacies the concessionaire can deliver drugs to each other, unless the Ministry decides otherwise in the regulations.
The casual on-hand inventory will stand in relation to the nature and extent of the pharmacy's turnover. The pharmacist should always have stock of the negotiating items that rekvireres obliged regularly or sought by doctors, dentists, veterinarians and other health professionals on site.
The pharmacy shall register the demand and provision of drugs at the pharmacy, so that the delivery rate going forward.
The Ministry may provide regulations on which items should always be a pharmacy have in stock and set minimum requirements to the delivery rate for drugs. It may also be given provisions regarding pharmacy duties upon receipt of the drugs from the supplier and on the access for pharmacies to deliver drugs to each other.
section 5-5. Accounting and other business registration to have separate budget Drugstore and accounting. The financial statements shall be properly and completely according to the fiscal duty that applies to your business.
The Ministry may by regulations provide further provisions on the fiscal obligation and can fix the addition to the financial obligation that is required. The pharmacy can also be ordered to lead other tasks across their business than those that follow of the financial obligation.
The financial statements and other information that the pharmacist is obliged to register, to be made available to the Ministry. The Ministry may give further provisions about how the pharmacy to keep the information and make them available.
section 5-5 a. documentation of the prescription to the pharmacy expedition keep information about the expedition and the provision of medicines and merchandise after the prescription and requisition. The Ministry further gives provisions for such registration, including requirements for retention periods and what should be registered.
For patients ' right of access in stored information applies to patient and user rights.
section 5-6. Internal control the pharmacy shall establish internal control for the business and must be able to document that the activities and services are planned, carried out and maintained in accordance with the requirements set out in the Act and the regulations.
The Ministry may by regulation provide further provisions on internal control in pharmacies.
section 5-7. The dissemination of public information the pharmacy duties to assist in the disclosure of public information about medicines, medical equipment and the like.
section 5-8. Closure of pharmacies By closure to the pharmacy's owner to ensure safe treatment of drugs, relevant documentation and personal information that is kept or stored in the pharmacy. The Ministry may by regulation provide further provisions on requirements in connection with the closure.
Kap. 6. Sales and marketing from the pharmacy section 6-1. Delivery right for the chemist's goods, etc. with the limitations, the pharmacist has imposed by law and regulation the right to deliver goods and provide these negotiation obliged the services arising out of the negotiation the obligation. Pharmacies can also deliver and provide other goods and services if it is natural and appropriate irreconcilable with the pharmacy's sales of goods by virtue of your negotiation. The Ministry can still provide access to regulations that restrict to sell items and item groups not covered by the bargaining duty, and can provide provisions which restrict freedom to provide services other than pharmaceutical services.
The Ministry may provide regulations that restrict the pharmacy's access to the shipment of drugs.
The Ministry may by regulation and in each case in whole or in part except hospital pharmacies from the delivery right for negotiating obliged goods to other customers than the hospital and the hospital staff and users.
§ 6-2. The delivery obligation for the negotiation, etc. will be under a duty Pharmacy goods as soon as possible deliver goods and provide services as requested and as covered or follows from the bargaining obligation.
Pharmacies do not have access to deliver when the disclosure involves violations of the current extradition provisions and it is not allowed to make exceptions. The same applies when: a) prescription drugs drug required dispensed on the basis of faulty prescription and the terms of the emergency provisions for current output expedition no b) medication requested of the person who according to the message from the Government is not to be divulged specific drugs or c) the pharmacist has reason to believe that the medication can be misused or pose a danger if it divulged.
The delivery obligation applies even if payment is not included and security not be set, if the pharmacy on prescription or otherwise advised by the attending physician or dentist that the medication be needed right away.
section 6-3. Delivery of medicines from medicine outlets can be delivered from Drugs medicine outlets to the extent it is determined in the regulations. The Ministry provides regulations on which drugs this is true, and can provide further rules for medicine retail outlets with requirements for premises, staff, bestyrelse, extradition, etc.
section 6-4. Price disclosure if more drugs are equal negotiation, obliged to inform the customer about the pharmacy cheapest option, unless the price difference is negligible. Equal to prescription drugs are drugs that are exchangeable under section 6-6 the second paragraph.
section 6-5. Drug information All drug information provided in, from and on behalf of pharmacies to clients, health professionals and the public to ensure the consideration of otherwise proper and correct use medical drug. It is prohibited to design, provide and otherwise disclose information about medicines that can contribute to the abuse, misuse or overuse.
section 6-6. The provision of drugs for Prescription Drugs and requisition will be divulged exactly after the prescription and requisition.
The pharmacy can conclude the first paragraph change requested the drug with generic equivalent drug and with parallel imported medicinal product if the Ministry has approved medicines are as exchangeable. Such a change may not happen in violation of the requisitioner's or the customer's explicit wish. If the requisitioner requests it, to announce that the pharmacist the requisitioner such a switch is made.
The Ministry may by regulation provide further provisions that the requisitioner in the individual case shall journalize a justification for that generic switch after the second paragraph is undesirable.
By disclosure against the prescription to the pharmacy help that customer get adequate information about the medication to be used properly.
medicine is provided with sufficient information about the use, storage and shelf life b) the customer has sufficient information about the medication to be used correctly and c) the customer is informed about the possible harmful effects.
section 6-8. Extradition provisions the Ministry provides regulations with provisions on closer the provision of medicines from pharmacies.
section 6-9. Complaints and alert duty by errors and quality is missing the pharmacy to lead list of all complaints on the drugs that the Pharmacy has dispensed. The complaint should be investigated immediately, and the necessary steps should be undertaken: a) in case of error and quality missing on resold preparations notify to legemidlets supplier or importer.
b) if it can be assumed that the use of a apotektilvirket drug could lead or have led to health damage, the supervisory authority shall immediately be notified, and the steps necessary to avert or minimize the damage should be taken.
The first paragraph also applies if the errors or quality deficiencies in drugs uncovered in the pharmacy before the disclosure.
section 6-10. Return medicine Pharmacy duties in consumer purchases to take back drugs for the kassasjon at no cost to the customer.
The Ministry may give further provisions on the receipt, storage and kassasjon of return medicine. ""
section 6-11. Marketing exposure of the chemist's goods to the public will be dominated by items that belong in the pharmacy's duty under negotiation.
The pharmacy can with the limitations provided in the law and regulations, market their goods, services, prices, discounts, and delivery terms.
Only items covered by the bargaining duty, can be marketed in General that items that are available at pharmacies. Other items can only be associated with pharmacies along with indication of which pharmacies as a dealer item.
The Ministry may give further provisions on the marketing of goods and services, apoteks including provisions that restrict access to the marketing for this paragraph.
Kap. 7. Production of medicines in pharmacies section 7-1. The right to manufacture the Ministry may give pharmacies the concessionaire supplier of permission for pharmacies that meet the criteria for such permission. For manufacture outside pharmacies can permission is granted to other than pharmacies the concessionaire if the workmanship is happening on a mission from the pharmacy. The Ministry provides regulations with provisions on closer which requirements that must be met in order to get permission, and supplier about the revocation of the permit.
The Ministry may prohibit the manufacture or storage of certain drugs and goods in pharmacies.
section 7-2. Manufacturing standard production of drugs for this chapter to be prudent and in accordance with good manufacturing practice. The Ministry may by regulation provide further provisions on the quality and safety requirements.
section 7-3. The sale of apotektilvirkede drugs Pharmacy has the right to sell drugs to egentilvirkede the end user in the pharmacy that are covered by the operating licence.
Medicines that are manufactured after the individual prescription, may be sold to or through the pharmacies of the business with the supplier of permission as rent producer for resepturproduksjon. Unless otherwise follows from the agreement, responding manufacturer for hire legemidlets composition, durability, packaging and delivery to the receiving pharmacies.
Medicines that are manufactured to the inventory, can only be sold to pharmacies and to the wholesaler on the basis of special permission from the Ministry. Permission can be granted for a limited period of time and on closer terms, which can be changed after permission is granted. Pharmacies with permission to the sale of the inventory production after this part may be ordered delivery duty of pharmacies and wholesaler for drugs covered by the permit.
The Ministry may give further provisions on sale, including ordering, receiving and delivery, of apotektilvirkede drugs.
Kap. 8. Supervision of the pharmacies section 8-1. The supervisory authority is the Ministry of supervisory authority and oversees that the requirements for pharmacy business in the law and regulations are met.
section 8-2. The duty of the interaction The which is subject to supervision, is obliged to make sure that the supervisory authority has unhindered access to pharmacies. The supervisory authority shall further be given the necessary access to the section of Pharmacy konsesjonærens business that is related to the operation of pharmacies.
The supervisory authority may impose pharmacies the pharmacist konsesjonæren, and the pharmacy's on-site manager, or representatives of these, to be present during the audit.
The supervisory authority shall have access to the necessary documentation and free of charge can take out drugs and other goods to further investigation and control.
section 8-3. Order correction If the pharmacist or pharmacy konsesjonæren do not meet the requirements of the business set out in the law and regulations, the supervisory authority can issue an order for rectification within a prescribed time limit.
section 8-4. Warning By inadequate or irresponsible operation supervisory authority can give warning, even if the relationship is directed at or have been of transient character.
Decision warning is considered to be individual decisions and be directed both to the pharmacies konsesjonæren and to the pharmacist. When special reasons exist, the warning should be directed only to the pharmacies konsesjonæren.
section 8-5. Closing the supervisory authority can shut the Pharmacy and medicine outlets if the absence of such a licence or permit that the law restricts, or if your business can result in substantial danger to health and safety. By closure may be required that the premises be sealed.
The supervisory authority may, if necessary, require the assistance of the police to enforce the closure and seal.
Kap. 9. Administrative provisions and penalties § 9-1. Complaint authority in certain matters the King may decide that the State's health care Committee to be complaint authority for decision after kap. 3 to 9 which is made by the subordinate body by virtue of the law or by delegation from the Ministry.
In such cases the Committee call themselves Complaints Committee Pharmacy. By the way comes to sections 69 and 70 of the law on health personnel, etc. (helsepersonelloven) about the Committee's organization and business.
section 9-2. Fees the Ministry may provide regulations on fees for the processing of the application for a pharmacy licence for kap. 2 and the operating concession for kap. 3. section 9-3. Coercive to ensure that the criteria given under section 2-8, duties, pursuant to section 5-5 as well as an order given under section 8-3 are met, the supervisory authority may decide that the pharmacy will be paying an ongoing coercive for every day that passes after the expiry of the deadline set for meeting your relationship, until they are satisfied. Decision on the coercive is enforceable for disbursements.
section 9-5. Penalty it as intentionally or negligently contravenes sections 1-4, 1-5, 2-10, 3-7, 5-5, 6-5, second sentence, 6-9, 6-11, 6-12, 7-2 the first paragraph and 8-2, is punishable by fines or imprisonment up to 6 months.
Kap. 10. Entry into force. Transition rules § 10-1. Entry into force the law will take effect from the time that the King decides. 1 the King may decide that the individual provisions of the law to take effect to a different time.
From the same time repealed law 21. June 1963 No. 17 on the operation of pharmacies, etc.
section 10-2. Older regulations Regulations given in pursuance of law 21. June 1963 No. 17 on the operation of pharmacies etc. also applies after the law here has taken effect.
§ 10-3. Older licenses Bevillingshavere to the pharmacy that was legally established as independent pharmacies by this Act, entry into force, be given without new application processing pharmacy licence and operating licence on the terms associated with the grant. The same applies for medicine outlets and for the supplier of permission given in relation to the grant. For the licence given to the municipality, County Council and State to the operating concession is considered to lie with the pharmacist added.
Bevillingshavere to the pharmacy that was legally established as branch pharmacies by this entry into force of the law, is provided without new application processing pharmacy licence on the terms associated with the grant. It added the manager shall be deemed as apothecary to the branch the Pharmacy and have the title pharmacies, if the terms in section 3-2 the first paragraph is met. If the branch manager the chemist's do not meet the criteria for its own operating licence, to branch is considered to be under the pharmacist operating the concession to the pharmacies that by the entry into force was licence holder to branch the pharmacy, and the Manager should have the title pharmacy manager and deemed approved pursuant to section 4-2.


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Due to heavy work collecting and checking all the video files, maybe you won’t receive any feedback before october.
The competition is open to all video and media makers. Video works should be original in their approach. Artistic research should overshadow technicality.
Art.1 - No entry fee will be charged.
Art. 2 - Selection is open to 2 works maximum per artist. Video works should not have been produced before 2013.
- through the Internet if your file is less than 2 gigas big (wetransfer.com, …).
- via a File Transfer Protocol server (FTP) for heavier files (please ask our codes if needed).
- on a USB device with a stamped and addressed return envelope.
Altered files and other formats will not be considered.
• a PDF of the filled submission renamed with the title of your work.
• a biography (résumé) and a full list of works, awards and exhibitions.
• two pictures (Tiff, png or Jpeg, 300 dpi) of the work for communication purpose.
Every uncomplete or not readable form will not be considered.
Art. 5 - The results of the selection will be sent by email after January15th.
Each selected video will be screened during the festival.
Art. 6 - Each video using English dialogues/text will be submitted with French subtitles.
Each video using a language other than English will be submitted with English & French subtitles.
Art. 7 - Every artist selected for the competition will be offered two hotel nights during the screenings period (From March 19th to 21th). Note : one artist per video.
Art. 8 - The awards presentation will take place on March 21th, 2015.
A professional jury chosen by VIDEOFORMES will award the VIDEOFORMES prizes to videos of their choice.
The VIDEOFORMES 2015 award-winning films (all of them) are offered visibility through a one-year screening on Arte Creative Website (without rights to download the videos). If you accept and are chosen by one of the VIDEOFORMES 2015 juries, your movie will be online on Arte Creative Website et will consequently benefit from a promotion as soon as the awards will go public (see entry form).
Numéro 23 will award a prize to its favourite video. Numéro 23 is a French TV channel dedicated to all the diversities with a positive and modern vision. As an independant channel, Numéro 23 offers a window on the world with the diversity of its formats and it offers art video programs.
A UNIVERSITE BLAISE PASCAL jury made up of 5 students from universities and Higher Education in structure of Clermont-Ferrand will award a prize and give possible distinctions to their favorite videos.
Art. 9 - No fees will be paid for the festival screenings. Videos might be used for the promotion of the festival.
Art. 10 - Every pre-selected work might be presented in others events, with the artist's previous agreement.
Art. 11 - Every awarded or nominated work might be selected for promotion purposes in cultural events in France or abroad. The artists will be notified each time. No commercial use will be made.
Art. 12 - Every work selected for competition will enter the VIDEOFORMES DIGITAL ARCHIVES. The works will also enter a database which will be web-accessible (www.videoformes.com). Unless clearly stated on the entry form, the videos in the database will be displayed on the web (320x240 pixels).
Note : the Videoformes Digital Archives are also available on the Experimental Film and Video Art Portal : www.24-25.fr.
If you send us a DVD, please use it as if it was an USB key : we just need a video file on it, not a real DVD.
Due to heavy work collecting and checking all the video files, you won’t receive any feedback before october.

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40. Cheda v. Bodkin, 173 Cal. 7. 158 Pac. 1025; Smith v. Roath, 238 111. 247, 87 N. E. 414; Reed v. West, 16 Gray (Mass.) 283; Atlanta Mills v. Mason, 120 Mass. 244; Dority v. Dunning, 78 Me. 381, 6 Atl. 6 (dictum); Blanchard v. Maxson, 84 Conn. 429, 80 Atl. 206.
41. See Tuttle v. Kilroa, 177 Mass. 146, 58 N. E. 682.
42. But there is perhaps a partial extinguishment, that is, an extinguishment as regards his interest in the easement, precluding him, or any one claiming under him, from thereafter exercising the easement. See Bar-finger v. Virginia Trust Co., 132 N. C. 409, 43 S. E. 910.
43. See Ecclesiastical Com'rs for England v. Kino, 14 Ch. Div. 213; Pearce v. Mcclenaghan, 5 Rich. Law (S. C.) 178, 55 Am. Dec. 710.
44. The question is referred to in Dodge v. Pennsylvania R. Co., 43 N. J. Eq. 351, but the cases in other states there referred to as adjudications on the question appear to be but partially applicable. In Murphy v. Bates, 21 R. I. 89, 41 Atl. 1011, it is said that "ordinarily a private way becomes merged in a public way," but the authorities cited (Ross v. Thompson, 78 Ind. 90; Elliott, Roads & Streets, Sec.Sec. 3 & 4) do not support the statement.
45. Ante, Sec. 366a, note 35. And see Isaac G. Johnson & Co. v. Cox, 196 N. Y. 110, 89 N. E. 454.
1 Man. & Gr. 484; Duncan v. Louch, 6 Q. B. 904; R. v. Chorley, 12 Q. B. 515.
47. Bailey v. Culver, 84 Mo. 531.
48. Sarcoxie v. Wild, 64 Mo App. 403. See Post, Sec. 181.
49. See ante, 367, note 78.
50. M( Kinney v. Pennsylvania R. Co., 222 Pa. 48, 70 Atl. 946.

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BSA/AML Violations Can Cost You!
Government Agencies and Maturity Limits – Where Do GSEs Fall?
Elizabeth LaBerge, Senior Regulatory Compliance Counsel on What Does the CHOICE Act Mean for Credit Unions?
DJ on What Does the CHOICE Act Mean for Credit Unions?
CFPB Warns Credit Card Companies Against Deceptively Marketing Promotional Offers. In a bulletin released last week, the Consumer Financial Protection Bureau (CFPB) warned credit unions, and other credit card issuers, against deceptively marketing interest-rate promotions. The CFPB issued the bulletin because of the Bureau’s concerns regarding the marketing practices of some card issuers, especially with regards to promotional rates and balance transfer offers.
In addition to the bulletin and the press release, the CFPB also hammered home their perspective with a consumer-facing post on the Bureau’s blog. The blog post warned consumers to be on the lookout for deceptive advertisements regarding promotional rates, and also warned consumers on the implications of losing the protections of the grace period.
Free Kick. My wife and I just got back from a great week on vacation in the city of my birth – Cartagena, Colombia. While there, we were lucky to get to watch Colombia’s friendly against Brasil on television. Sadly, Neymar found enough magic on a free kick to give Brasil a 1-0 victory. That being said, watching the match at a restaurant in Cartagena reminded me of why I fell in love with football. It may have only been a friendly, but it seemed like every other person was wearing a national team jersey and the city came to stop for those two hours while people were glued to the game cheering on their Seleccion Colombia. It was an absolutely wonderful way to cap off a summer that brought me so much joy after having not seen Mi Seleccion in a World Cup since 1998. I can’t wait to see wait the next four years under Jose Pekerman bring to Colombia. In the meantime, here are two videos from Colombia’s World Cup opener that still give me goose bumps: Colombian National Anthem and Caracol Highlights.
Farewell. This will be my final blog post here at the NAFCU Compliance Blog. While I have decided to leave the NAFCU Compliance team in order to head back to the government relations field, I have thoroughly enjoyed these past eight months of covering compliance hot topics and providing my take on the wonderful world of football. It has also been a pleasure providing compliance advice to the many of you that have called or emailed with compliance questions. I leave behind some great colleagues here at NAFCU Compliance, and I thank them for sharing their knowledge, thus making me a better attorney. Lastly, I also want to thank all of the readers of this blog. It has been so much fun interacting with you and trading perspectives on the beautiful game and sharing in the excitement of a truly incredible World Cup.
“As HELOCs transition from their draw periods to full repayment, many borrowers will have the financial capacity to pay as agreed. Some borrowers, however, may have difficulty meeting higher payments resulting from principal amortization or interest rate reset, or renewing existing loans due to changes in their financial circumstances or declines in property values.
Appropriate segmentation and analysis of end-of-draw exposure in allowance for loan and lease losses (ALLL) estimation processes.
Ensuring that control systems provide adequate scope and coverage of the full end-of-draw period exposure.
As is stated in several places in the document, the guidance should be applied in a manner commensurate with the size and risk characteristics of a financial institution’s HELOC portfolio. Therefore, NCUA, through their examination process, may look for how credit unions have applied some or all portions of the guidance.
Free Kick. And then there were four. After a riveting 60 matches, we are down to the final week of the World Cup. Left standing are Brasil, Germany, Argentina, and the Netherlands. All four have had their moments of brilliance, but they have also had moments of true concern in this tournament. There are no doubt several plot twists left over the final four games of this tournament, but what I do know right now is that the eventual champion will have earned it. This has been a tournament full of parity, surprises, and great play. But it also has been a tournament that has seen controversy and injury strike. In the end, though, this tournament has been a celebration of the beautiful game, and it will be sad to say goodbye to Brasil 2014 this Sunday afternoon.
As a very proud Colombian-American, this tournament has also filled me with much joy and pride. Both the U.S. and Colombian teams acquitted themselves superbly throughout the course of this tournament. It was sad to see them both bid farewell to this celebration of football this past week, but I will be comforted with amazing memories, especially the stalwart goalkeeping displayed by Tim Howard and the simply sublime playmaking abilities of James Rodriguez. Both teams have bright futures ahead, and I look forward to seeing them, hopefully, take the next step over the next four years and in Russia in 2018!
Forwards – Arjen Robben (NED) and Thomas Muller (GER).
SBA Announces New Business Credit Score Model. The Small Business Administration (SBA) is currently in the final phases of preparation before launching a new predictive business credit scoring model. SBA Administrator Maria Contreras Sweet made this announcement as part of a speech on June 10, at the Center for American Progress in Washington, D.C. The new model will produce a score based upon a combination of an entrepreneur’s personal and business credit scores, and it will be made available to all SBA lending partners for loans of $350,000 or less starting in July.
Along with announcing this new predictive business credit scoring model, SBA Administrator Contreras Sweet also spoke about the SBA One initiative during her speech that was largely focused on how the SBA and its programs need to continue becoming more inclusive of minorities and women. SBA One, when launched, will be an interactive and user-friendly SBA lending platform that aims to save credit unions and other lenders processing time on the agency’s 7(a) loan program by replacing fax machines and paperwork with automated uploads of documents, generation of forms and allows electronic signatures. Contreras Sweet said, “[b]y making the process quicker, cheaper and more intuitive, these reforms will help existing lenders do more small-dollar lending.” There is no launch date yet available for SBA One.
Along with announcing these two initiatives, Contreras Sweet talked about the agency’s focus on getting more loans to qualified business owners. She highlighted three areas that the SBA will be focusing on in this effort. First, the agency is planning to modernize and implement smart systems, so that the SBA is in a position to keep pace with technological advances. Second, the SBA wants to create a more inclusive agency by tailoring programs that embrace the U.S.’s changing demographics and are more responsive to future demographic shifts. Lastly, the agency wants to serve as a market maker for small companies by opening new business channels within the federal government, corporate supply chains, and international commerce.
Free Kick. The group stage is now two-thirds of the way done, and there is not much more than can be said about the quality of play other than - wow! This World Cup has had it all so far: amazing goals (another one); heroic individual efforts; incredible upsets; and uplifting performances. Here is a short primer on where we stand (from my perspective).
In terms of my rooting interests, I am still on a high after Colombia booked its place in the Round of 16 last Thursday. This is the first time that they have made it out of the group stage since 1990, and I think that Los Cafeteros can win a few more games during this tournament. James Rodriguez has been excellent, the defense has been solid, Juan Cuadrado has been an unending creative spark in the midfield, and Jose Pekerman has been expertly pulling the strings both in terms of tactics and personnel. VAMOS COLOMBIA!
The U.S. wins the group if they beat Germany.
They lose against Germany by a score of 3-0, Portugal beats Ghana by a score of 2-0, and the U.S. wins the drawing of lots against Portugal.
Fed to Host TILA/RESPA Integrated Disclosure Webinar. As part of their “Outlook Live” series and in conjunction with their quarterly Consumer Compliance Outlook, the Federal Reserve Board of Governors will be a hosting a webinar regarding the TILA/RESPA Integrated Disclosure Rule on Tuesday, June 17. The webinar will take place from 2:00 to 3:00 pm EDT, and will be presented by staff members from the CFPB. This webinar will be the first of a recurring series of webinars to address the new rule, and it will provide an overview of the final rule and the new disclosures, plus address a few basic compliance questions. Subsequent webinars will address specific implementation and interpretive questions about the rule. Credit unions interested in viewing the webinar may register for free.
Registration for all three stops is free, but spaces are limited. Therefore, if your credit union is interested in attending one of the sessions, please be sure to register as soon as possible in order to assure your entrance to the event (the links above will take you to the individual registration webpages for each session).
Free Kick. We are now just three days away from Brasil and Croatia kicking off in Sao Paulo to begin the World Cup festivities. Over the last two months, I have been providing previews on each of the groups in this year’s tournament. Today, my group previews come to an end with a look at Groups C and G. Here are links to the previous previews: Groups A & B; Groups D & E; and Groups F & H.
Group C: This group is likely the most evenly matched group out of all of the groups in this year’s tournament. When the draw occurred back in December, I saw Colombia as the clear favorite. Now that Radamel Falcao Garcia and Luis Amaranto Perea have been ruled out for the Colombians due to injury, I could see any of the four teams advancing to the knock-out stages. That said, I am going with my heart on this one and I will still give a slight edge to Los Cafeteros. They have an extremely creative midfield and attacking options that should still be able to find ways to score goals without Falcao up front. The Colombians will need to tighten up their defensive play, though, and they will need a strong showing from their captain Mario Alberto Yepes in order to accomplish that. The other squad that I believe is just slightly strong than the rest is the Ivory Coast. The window for Ivory Coast’s golden generation is coming to a close, but I think that they have one good showing left in them, and after two straight appearances of being drawn into a difficult group, they finally have a group where I believe they can shine and move into the Round of 16. Greece, as usual, will be solid defensively, but I don’t think that they can score enough goals to keep up with the top two sides in this group. Japan is a bit of an enigma. They have some very talented and creative players in the midfield, but their results have been quite inconsistent. Ultimately, I believe that this group will be decided by which two teams can shake off the nerves the quickest and get off to a strong start in their opening match.
Key matches: Colombia v. Greece, June 14 (12:00 pm EDT) and Ivory Coast v. Japan, June 14 (9:00 pm EDT).
Group G: Let’s just dispense with the obvious – Germany is the class of this group, and I fully expect them to win the group. The Germans are coming in with some injury and chemistry question marks, but I have no doubt that they will overcome both. That leaves us with three teams fighting for one last spot in the knock-out round. When the groups were drawn, I immediately thought that Portugal would be that team because Cristiano Ronaldo is just too good. In the past week, though, there have been reports that Ronaldo’s leg injury may impact his fitness level during the tournament. Furthermore, a witch doctor in Ghana has stated that he put a curse on Ronaldo. Without a relatively healthy Ronaldo, I think that Portugal, the U.S., and Ghana are about even in terms of quality. The United States will be without Landon Donovan at this World Cup, and I think that’s addition by subtraction, so I will give Jurgen Klinsmann’s squad the slight nod to join Germany in advancing out of the group.
NAFCU has been beating the drum loudly on data security, and calling for action to ensure that merchants are properly protecting consumer information and actively working to prevent data breaches. While the most recent and far-reaching problems have occurred at the merchant level, credit unions are not immune from cyber-attacks. And that is the message that NCUA Chairman Debbie Matz delivered earlier this week.
Proper patch management and network monitoring.
Chairman Matz didn’t stop with credit unions and other financial institutions. She reiterated that in order for the system to be properly protected, merchants must be held to a higher standard. NAFCU is in absolute agreement with Chairman Matz’s observation that data protection requirements for retailers are inadequate, and appreciates her strong call for tighter data security standards for retailers.
Colombia v. Tunisia (1:00 pm EST). Those that have read my previous posts know that I was born in Colombia. Anytime that Colombia takes the pitch, I am transfixed. Outside of my usual devotion to the Cafeteros, I am particularly interested in seeing how Colombia begins to plot a strategy for playing without Radamel Falcao Garcia. While there is still hope that Falcao will play in Brasil, Colombian manager Jose Pekereman will be looking to find attack options to take Falcao’s place should the striker’s knee not heal in time for the World Cup.
Ukraine v. United States (2:00 pm EST). The core of the U.S. Men’s National Team is pretty much set, but this match could go a long way in determining the last five or six spots on the roster. With Jurgen Klinsmann set to use a primarily-European based squad, I’ll be keeping my eye on the battle for the last couple of defensive spots. It’ll be interesting to see if Tim Ream, John Brooks, or Oguchi Onyewu can make a favorable impression. Outside of the football, this match will be interesting to watch because of the political unrest that has engulfed the Ukraine (the match has been moved to Cyprus to protect the safety of all the players involved). How will the Ukrainian players react, and will we see some inspired play from the highest-ranked team not heading to Brasil?
Belgium v. Ivory Coast (2:45 pm EST). Neither of these squads is going to catch anybody off-guard in Brasil, as they are extremely talented squads full of players from top European clubs. Furthermore, both have their squads pretty much set. What makes this match interesting is the off-the-pitch rivalry that is starting to boil over between Belgium’s top two keepers (Liverpool’s Simon Mignolet and Atletico Madrid’s Thibaut Courtois). Mignolet has been vocal in his displeasure of being demoted to the back-up role by manager Marc Wilmots. This has infuriated Courtois, and has led to an ongoing battle being fought in the press by both keepers and other members of the squad.
Spain v. Italy (4:00 pm EST). Anytime these European powerhouses face off, it’s a must watch fixture. Each brings a distinctive style and flair to the pitch, and even in a friendly, it’s a pleasure to watch.
Mexico v. Nigeria (8:30 pm EST). El Trí endured their worst qualifying campaign in decades, yet they still find themselves heading to Brasil. After a rocky 2013 that saw three different managers get sacked, I am intrigued to see if manager Miguel Herrera can put the pieces back together and form a squad that more closely resembles the Mexican national teams that we have been accustomed to seeing. He has made some progress by getting some of the higher-profile players back into the squad, but there is still a lot of work left to do.
Lastly, with a little over 100 days left until the World Cup kicks off, ESPN has been kind enough to give us ample time to plan out our work and DVR schedules by releasing the television schedule for the entire tournament.
Webcast. Fair Lending: The Indispensable Essentials.
Save time on common conundrums; we’ll answer the most frequently asked Fair Lending questions NAFCU receives. Plus explore the fundamentals of Fair Lending and the recent rise of enforcement actions and litigation. Register by Mar. 11 to save $100.
At their January monthly board meeting, the NCUA Board of Directors approved Proposed Rule: Prompt Corrective Action; Risk-Based Capital (Part 702) with a 90-day comment period. I am going to keep my analysis of the rule at a 30,000 foot level. That said, the proposed rule goes into extreme detail as to how the risk-based capital ratio would be calculated and the different risk weights that would be used if the proposed rule were to go into effect. So, some of you that are fascinated by numbers may really enjoy sifting through those sections of the proposed rule.
Critically Undercapitalized (Net worth ratio of less than 2%).
Credit unions with $50 million or less in assets at the end of the previous quarter would be exempt from the risk-based capital ratio requirements.
So, how will the risk-based ratio be calculated under the new rule? Under the proposed rule, the risk-based ratio would be determined by the percentage of a credit union’s net worth available to cover losses, divided by the credit union’s defined risk-weighted asset base. The risk-weighted asset base is determined by subtracting a credit union’s NCUSIF deposit and goodwill/other intangibles from the credit union’s risk-weighted assets. For a general overview of how to calculate all of those components, view this slideshow prepared by the NCUA’s Office of Examination and Insurance. For a more detailed explanation of the calculations, see the proposed rule.
Along with these new risk-based capital standards, the NCUA has indicated that individual credit unions may be required to maintain higher levels of risk-based capital if the agency raises additional supervisory concerns.
The NCUA has estimated (based on June 2013 call report data) that in excess of 90% of credit unions that would be affected by the changes would be considered either well or adequately capitalized under the proposed rule. Unfortunately, an estimated 199 credit unions that are currently considered well capitalized would see their status drop under the proposed rule, with 10 of those credit unions being deemed undercapitalized. Credit unions that are interested in seeing how the proposed rule’s changes would affect them, can view that information using the NCUA’s On-Line Calculator for Proposed Risk-Based Capital Rule.
The NCUA believes that it needs to make these proposed changes in order for the risk-based capital requirements for natural person credit unions to be more in line with the requirements for FDIC, Federal Reserve, and OCC-regulated institutions, as well as more closely resembling the requirements for corporate credit unions. That being said, this proposal is just the latest example of how the NCUA (and its other regulatory brethren) is unable to properly address many of the issues facing credit unions under the current, flawed regulatory framework. NAFCU has called on the NCUA to join in advocating for legislative fixes that will give the agency the proper framework to effectively protect credit union members.
Furthermore, as NAFCU CEO Dan Berger pointed out in his January 28 letter to the NCUA, “[NAFCU] question[s] whether the risk weighting proposed actually matches real risk in the system. The proposed rule assigns rigid risk-weights to many investments that when properly examined represent much less risk than the assigned risk-weights.” Therefore, it will be important for credit unions to take part in the comment process to, hopefully, show the NCUA that some of their preconceived notions regarding risk are not applicable and should be weighted differently or, even better, allow for varying risk-weights based on different programs that individual credit unions have implemented to mitigate risks.
Finally, let me take a moment to express some concern regarding the NCUA’s On-Line Calculator for Proposed Risk-Based Capital Rule. I understand that the agency is attempting to make it easier for individual credit unions to understand how the proposed rule would affect them, but the NCUA is actually oversimplifying a very complex measure. Having the calculator publicly available could lead to unfair reputational harm and general misunderstandings of a credit union’s health, especially for those credit unions that would see a drop in their capitalization classification.
Free Kick. After a 16-year absence, Colombia will be returning to the World Cup this summer. Los Cafeteros put together an impressive qualifying run, finishing second to Argentina in the South American region. So impressive was their play that many pundits have tipped them as a team to watch in Brasil. But could their dream be over before it even begins?
During a Coupe de France match on January 22 against Monts d'Or Azergues of France’s third division, Colombia and AS Monaco’s Radamel Falcao Garcia was stretchered off the field in the 40th minute with what turned out to be a torn ACL in his left knee. Following a successful surgery in Portugal on Saturday, doctors have given the Colombian striker a 50-50 chance of being available to play for Colombia at the World Cup. Falcao, for his part, has said that he will take the recovery day-by-day, and will work his hardest to keep his World Cup dream alive.
Many have written that the loss of Falcao would be a crushing blow to Colombia’s hopes. I disagree. Call me a homer (I was born in Cartagena, Colombia), but I believe that Colombia has many quality attacking options should Falcao be unavailable to play in Brasil. This current generation of Colombian football has been blessed by many quality (though young or unproven) attacking players. From F.C. Porto’s Jackson Martinez and Juan Quintero to Udinese’s Luis Muriel and River Plate’s Teofilo Gutierrez, Jose Pekerman (Colombia’s manager) should have several options to fill Falcao’s role up front, should the AS Monaco forward not recover in time for the tournament. A bigger problem for Colombia would be a loss in the midfield or center-back positions, as they do not have as much depth in those roles.
That said, it would be a shame if Falcao did end up missing the tournament because he is one of the most exciting strikers in today’s game and is a large part of the reason for Colombia’s return to the World Cup. Such a talent deserves the chance to show off his skills on the world’s biggest stage. FUERZA TIGRE!!!
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