William B. Burger, a Graduate Registered Pharmacist, commenced proceedings against the Members of the Board of Pharmacy of the State of Oklahoma, to enjoin the board from completing the examination of applicants for licenses as assistant pharmacists, and from licensing assistant pharmacists who successfully passеd the examination, and to enjoin other acts of the board. The trial court sustained a demurrer to plaintiff’s petition and upon plaintiff’s election to not pleаd further, the action was dismissed. Plaintiff appeals from the order dismissing his action.
Plaintiff contends that Title 59 O.S.1951 § 335, which relates to the qualifications, examination and licensing of assistаnt pharmacists, was repealed by enactment of House Bill No. 655 of the Twenty-Eighth Legislature and there are no existing statutory provisions relating to the examining and licensing оf assistant pharmacists.
House Bill No. 655, supra, became effective May 22, 1961, and Section 10 thereof provided: “ ‘Assistant Pharmacists’ shall mean any person presently licensed as an Assistant Pharmacist in the State of Oklahoma. Assistant Pharmacists shall not be permitted to conduct or manage a Pharmacy.” However, Sec. 10, supra, was amended by enactment of Senate Bill No. 405, which became effective July 27, 1961, the same being Title 59 O.S.1961 § 353.10, ■which provides:
“ ‘Assistant pharmacist’ shall mean any person presently licensеd as an assistant pharmacist in the State of Oklahoma ; provided, however, that any person who prior to the effective date of House Bill No. 655 of the Twenty-eighth Oklаhoma Legislature filed a proper application under then existing law to be examined as an assistant pharmacist, which application was accompanied by the proper examination fee under said law and who was otherwise qualified thereunder, will be entitled to take such an examination and, if he passes, to be licensed as an assistant pharmacist. * * * ”
It is apparent that the above quoted section, which amended Sec. 10 of House Bill 655, did not exclude those who were еligible to take the examination prior to the enactment of House Bill 655, but specifically included any person who, prior to its effective date, had “filed a proper application under the then existing law to be examined as an assistant pharmacist, which application was accompanied by the proper examination fee under said law and who was otherwise qualified thereunder.” It is by virtue of this provision that the examinations in the instant action were conducted. Therefore, we can not sustain plaintiff’s contention that existing laws have no provisions for the examination and licensing of assistant pharmacists.
Plaintiff proposes that the legislative enactment is an illegal delegation of legislative authority as it does not contain the necessary legal standards. In this connection it is urged that the legislature did nоt prescribe the examination to be given but provided that the applicants “shall pass such examination as the State Board of Pharmacy shall require”; that the рersonal intentions, character, good faith or sound purpose of the members of the board in no way affect the validity of a legal standard; and that plaintiff’s prоfession as a pharmacist is both a property and personal right and to allow unqualified men to practice the pharmacy profession is not only a deprivation of his personal and property rights, but a fraud on the public.
Without question, the State in the exercise of its police power has the right to regulate any and all occupations and/or professions for the protection of the lives and health of its people. The sale, purchase and compounding of medicines is a business, subject to regulation under the state’s police power, by appropriate legislation to the extent reasonably necessary to protеct the public health. The profession of pharmacy, by reason of the peril to health or life, is a legitimate field for a state to exer *690 cise its policе powers. See 17A Am.Jur., Drugs and Druggist, Secs. 8 and 13.
In the enactment under consideration, the Legislature prescribed the “legal standards” before an individual would be eligible or qualified tо take an examination for a license as an assistant pharmacist. However, the Legislature delegated to the board the authority to determine the examinаtion that applicants must pass before being entitled to such license. The membership of this board is prescribed by Title 59 O.S.1961 § 353.3, which provides:
“The Board of Pharmacy shall cоnsist of five (5) persons who have been registered not less than five (5) years, who are members of the pharmaceutical association and actively engaged in the practice of retail pharmacy within this State for a period of not less than five (5) years, * *
In Schmitt v. Hunt, Okl.,
“Power to determine the policy of the law is primarily legislative, and сannot be delegated, whereas the power to make rules of a subordinate character in order to carry out that policy and apply it to varying conditions, although partaking of a legislative character, is in its dominant aspect administrative and can be delegated and the Legislature may delegate the pоwer to determine some fact or state of things upon which the law makes its own operation depend.”
In Ryburn v. Board of Pharmacy of the State of Oklahoma, Okl.,
Whether or not an applicant for a license as an assistant pharmacist has the necessary qualifications to practice their profession if they successfully pass the examination as required by the board is a legislative matter and not a judicial issue, so long as the qualifications prescribed by the Legislature and the examination do not invade inherent or constitutional rights.
Where the Legislature has prescribed the necessary legal standards rеlating to the qualifications of an applicant for a license as an assistant pharmacist, and has delegated to the State Board of Pharmacy the pоwer and authority to prescribe the examination that the applicant must pass before he is eligible for a license, such enactment does not constitute an illegal delegation of legislative authority although determining the examination that must be passed may partake of a legislative character, since such detеrmination is in its dominant aspect administrative.
In considering plaintiff’s other specfications of error we must be mindful of the fact that the trial court sustained a demurrer to plаintiff’s petition. Under such circumstances, the demurrer admitted all allegations of fact well pleaded in plaintiff’s petition and all inferences reasonably deducible therefrom. However, an examination of plaintiff’s petition discloses the allegations are not allegations of fact but mere conclusions of law. Therefоre, the rule that a demurrer admits all allegations of fact well pleaded and all reasonable inferences reasonably deducible therefrom is not applicable in the case at bar as a demurrer does not admit facts which are not pleaded or conclusions of law to which it is addressed. See The Executive Committee of American Legion, etc. v. Hardy, Okl.,
We have examined the record herein and from such examinаtion we can not con- *691 elude the trial court committed prejudicial error or that substantial justice has not been done.
The judgment of the trial court sustaining the demurrer to plaintiff’s petition and dismissing the action is affirmed.