You have requested our opinion on whether the 21-year-age and United States citizenship requirements of Section 3(a)(1) of the Pharmacy Act (63 PS §390-3(a)(l)) remain in effect and must be adhered to in carrying-out its licensing function.
The statutory requirement that a pharmacist be not less than 21 years old is effective and binding. You have called to our attention the fact that there has been an amendment to §701 of the Pennsylvania Election
With respect to your question regarding citizenship, it is our opinion and you are so advised, that this requirement is unconstitutional and unenforceable based on oiir opinion to the State Board of Veterinary Medical Examiners of December 17, 1971, a copy of which you have received, for the reason that it deprives non-citizens of equal protection of laws within the meaning of the Fourteenth Amendment of the Constitution of the United States. Citizenship is not a valid criterion in determining whether an individual is qualified to receive a pharmacist’s license.
We note finally, that §3(a)(3) of the Pharmacy Act, 63 PS §390-3(a) (3), requires every pharmacist to hold “a degree in pharmacy granted by a school or college of pharmacy which is accredited by the American Council of Pharmaceutical Education, or its successor.” It is our understanding that the council does not
