Missouri Statute | Act | Code |Occupations And Professions| US Code - US Statute

1. The "practice of pharmacy" shall mean the interpretation and
evaluation of prescription orders; the compounding, dispensing and
labeling of drugs and devices pursuant to prescription orders; the
participation in drug selection according to state law and participation
in drug utilization reviews; the proper and safe storage of drugs and
devices and the maintenance of proper records thereof; consultation with
patients and other health care practitioners about the safe and effective
use of drugs and devices; and the offering or performing of those acts,
services, operations, or transactions necessary in the conduct,
operation, management and control of a pharmacy. No person shall engage
in the practice of pharmacy unless he is licensed under the provisions of
this chapter. This chapter shall not be construed to prohibit the use of
auxiliary personnel under the direct supervision of a pharmacist from
assisting the pharmacist in any of his duties. This assistance in no way
is intended to relieve the pharmacist from his responsibilities for
compliance with this chapter and he will be responsible for the actions
of the auxiliary personnel acting in his assistance. This chapter shall
also not be construed to prohibit or interfere with any legally
registered practitioner of medicine, dentistry, podiatry, or veterinary
medicine, or the practice of optometry in accordance with and as provided
in sections 195.070 and 336.220, RSMo, in the compounding or dispensing
of his own prescriptions.

2. Nothing in this section shall be construed as to prevent any person,
firm or corporation from owning a pharmacy regulated by sections 338.210
to 338.315, provided that a licensed pharmacist is in charge of such
pharmacy.

3. Nothing in this section shall be construed to apply to or interfere
with the sale of nonprescription drugs and the ordinary household
remedies and such drugs or medicines as are normally sold by those
engaged in the sale of general merchandise. (RSMo 1939 § 10005, A.L. 1951
p. 737, A.L. 1989 S.B. 39, A.L. 1990 H.B. 1287)

Prior revisions: 1929 § 13140; 1919 § 4712; 1909 § 5764

1. Any person desiring to assist a pharmacist in the practice of
pharmacy as defined in this chapter shall apply to the board of pharmacy
for registration as a pharmacy technician. Such applicant shall be, at a
minimum, legal working age and shall forward to the board the appropriate
fee and written application on a form provided by the board. Such
registration shall be the sole authorization permitted to allow persons
to assist licensed pharmacists in the practice of pharmacy as defined in
this chapter.

2. The board may refuse to issue a certificate of registration as a
pharmacy technician to an applicant that has been adjudicated and found
guilty, or has entered a plea of guilty or nolo contendere, of* a
violation of any state, territory or federal drug law, or to any felony
or has violated any provision of subsection 2 of section 338.055.
Alternately, the board may issue such person a registration, but may
authorize the person to work as a pharmacy technician provided that
person adheres to certain terms and conditions imposed by the board. The
board shall place on the employment disqualification list the name of an
applicant who the board has refused to issue a certificate of
registration as a pharmacy technician, or the name of a person who the
board has issued a certificate of registration as a pharmacy technician
but has authorized to work under certain terms and conditions. The board
shall notify the applicant of the applicant's right to file a complaint
with the administrative hearing commission as provided by chapter 621,
RSMo.

3. If an applicant has submitted the required fee and an application for
registration to the board of pharmacy, the applicant for registration as
a pharmacy technician may assist a licensed pharmacist in the practice of
pharmacy as defined in this chapter for a period of up to ninety days
prior to the issuance of a certificate of registration. The applicant
shall keep a copy of the submitted application on the premises where the
applicant is employed. When the board refuses to issue a certificate of
registration as a pharmacy technician to an applicant, the applicant
shall immediately cease assisting a licensed pharmacist in the practice
of pharmacy.

4. A certificate of registration issued by the board shall be
conspicuously displayed in the pharmacy or place of business where the
registrant is employed.

5. Every pharmacy technician who desires to continue to be registered as
provided in this section shall, within thirty days before the
registration expiration date, file an application for the renewal,
accompanied by the fee prescribed by the board. No registration as
provided in this section shall be valid if the registration has expired
and has not been renewed as provided in this subsection.

6. The board shall maintain an employment disqualification list. No
person whose name appears on the employment disqualification list shall
work as a pharmacy technician, except as otherwise authorized by the
board. The board may authorize a person whose name appears on the
employment disqualification list to work or continue to work as a
pharmacy technician provided the person adheres to certain terms and
conditions imposed by the board.

7. The board may place on the employment disqualification list the name
of a pharmacy technician who has been adjudicated and found guilty, or
has entered a plea of guilty or nolo contendere, of* a violation of any
state, territory of federal drug law, or to any felony or has violated
any provision of subsection 2 of section 338.055.

8. After an investigation and a determination has been made to place a
person's name on the employment disqualification list, the board shall
notify such person in writing mailed to the person's last known address
that:

(1) An allegation has been made against the person, the substance of the
allegation and that an investigation has been conducted which tends to
substantiate the allegation;

(2) Such person's name has been added in the employment disqualification
list of the board;

(3) The consequences to the person of being listed and the length of time
the person's name will be on the list; and

(4) The person's right to file a complaint with the administrative
hearing commission as provided in chapter 621, RSMo.

9. The length of time a person's name shall remain on the
disqualification list shall be determined by the board.

10. No hospital or licensed pharmacy shall knowingly employ any person
whose name appears on the employee disqualification list, except that a
hospital or licensed pharmacy may employ a person whose name appears on
the employment disqualification list but the board has authorized to work
under certain terms and conditions. Any hospital or licensed pharmacy
shall report to the board any final disciplinary action taken against a
pharmacy technician or the voluntary resignation of a pharmacy technician
against whom any complaints or reports have been made which might have
led to final disciplinary action that can be a cause of action for
discipline by the board as provided for in subsection 2 of section
338.055. Compliance with the foregoing sentence may be interposed as an
affirmative defense by the employer. Any hospital or licensed pharmacy
which reports to the board in good faith shall not be liable for civil
damages. (L. 1997 S.B. 141, A.L. 2004 S.B. 1122)

*Word "to" appears in original rolls.

1. The provisions of sections 338.010 to 338.015 shall not be
construed to inhibit the patient's freedom of choice to obtain
prescription services from any licensed pharmacist. However, nothing in
sections 338.010 to 338.315 abrogates the patient's ability to waive
freedom of choice under any contract with regard to payment or coverage
of prescription expense.

2. All pharmacists may provide pharmaceutical consultation and advice to
persons concerning the safe and therapeutic use of their prescription
drugs.

3. All patients shall have the right to receive a written prescription
from their prescriber to take to the facility of their choice. (L. 1990
H.B. 1287)

(1992) The use of the word "may" in statute permits pharmacist to provide
consultation and advice to customers but does not impose duty on
pharmacists to monitor customer's use of prescription drugs. Kampe v.
Howard Stark Professional Pharmacy Inc., 841 S.W.2d 223 (Mo. App. W.D.).

Every person who shall hereafter desire to be licensed as a
pharmacist shall file with the board of pharmacy an application setting
forth his name and age, the place, or places, at which and the time spent
in the study of the science and art of pharmacy, and the practical
experience which the applicant has had under the direction of a legally
licensed pharmacist, and shall appear at a time and place designated by
the board of pharmacy and submit to an examination as to his
qualifications for registration as a licensed pharmacist. Each
application shall contain a statement that it is made under oath or
affirmation and that its representations are true and correct to the best
knowledge and belief of the person signing same, subject to the penalties
of making a false affidavit or declaration. (RSMo 1939 § 10006, A.L. 1947
V. I p. 277, A. 1949 H.B. 2075, A.L. 1981 S.B. 16, A.L. 1990 H.B. 1287)

Prior revisions: 1929 § 13141; 1919 § 4713; 1909 § 5765

An applicant for examination shall be twenty-one years of age
and in addition shall furnish satisfactory evidence of his good moral
character and have had one year practical experience under the
supervision of a licensed pharmacist within a licensed pharmacy, or other
location approved by the board, and shall be a graduate of a school or
college of pharmacy whose requirements for graduation are satisfactory to
and approved by the board of pharmacy. (RSMo 1939 § 10014, A. 1949 H.B.
2075, A.L. 1951 p. 737, A.L. 1981 S.B. 16, A.L. 1990 H.B. 1287, A.L. 2001
H.B. 567)

Prior revisions: 1929 § 13142; 1919 § 4714; 1909 § 5766

1. Every person who desires to be licensed as an intern
pharmacist shall file with the board of pharmacy an application, on a
form to be provided by the board of pharmacy.

2. If an applicant for an intern pharmacist license has complied with the
requirements of this section and with the rules and regulations of the
board of pharmacy and is not denied a license on any of the grounds
listed in section 338.055, the board of pharmacy may issue to him a
license to practice as an intern pharmacist for a period not to exceed
one year.

3. Any intern pharmacist who wishes to renew his license shall within
thirty days before the license expiration date file an application for a
renewal.

4. A licensed intern pharmacist may practice pharmacy only under the
direct supervision of a pharmacist licensed by the board.

5. The board of pharmacy shall promulgate rules and regulations which
shall further regulate the duties and restrictions of intern pharmacists
and shall set the amount of the fees which shall accompany the license
and renewal applications for intern pharmacists.

6. No rule or portion of a rule promulgated under the authority of this
chapter shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1990 H.B. 1287, A.L. 1993
S.B. 52, A.L. 1995 S.B. 3)

1. The board of pharmacy shall issue licenses to practice
pharmacy in the state without examination to persons who have been
legally registered or licensed as pharmacists in other states. Any
applicant for a license under this section shall present satisfactory
evidence of qualifications equal to those required from licensees in this
state, that he was registered or licensed by examination in another
state, and that the standard of competence required in the other state is
not lower than that required in this state; but no license shall be
issued until the board is satisfied that the other state accords similar
recognition to the licensees of this state. Applicants for license under
this section shall, with their application, forward a fee for the license
as is determined by the board of pharmacy.

2. The board may by rule and regulation require any applicant under
subsection 1 of this section to successfully complete any equivalency
examination, practical examination, or any examination on Missouri laws
pursuant to any rule or regulation as promulgated by the board.

3. Any individual who is registered or licensed in a foreign country may
be licensed under the provisions of sections 338.010 to 338.315 upon
presentation of satisfactory evidence of qualifications equal to those
required of licensees in this state.

4. The board may require any applicant under subsection 3 of this section
to successfully complete any equivalency examination, practical
examination or any examination on Missouri laws pursuant to any rule and
regulation as promulgated by the board. (RSMo 1939 § 10008, A.L. 1961 p.
501, A.L. 1969 S.B. 390, A.L. 1981 S.B. 16, A.L. 1990 H.B. 1287)

Prior revisions: 1929 § 13144; 1919 § 4716; 1909 § 5768

(1974) Held that standards to be met by applicant for a reciprocal
license are the standards that were in effect in this state at the time
he was admitted in the state from which he is applying. Missouri State
Board of Pharmacy v. Kennedy (A.), 511 S.W.2d 913.

1. Notwithstanding any provision of law to the contrary, the
board of pharmacy may grant a temporary license to an applicant who meets
such requirements as the board may prescribe by rule and regulation.

2. The license shall be renewable at the discretion of and with the
approval of the board of pharmacy. A temporary license fee shall
accompany the original application for a temporary license and a similar
amount shall be paid in the event the temporary license is renewed. (L.
1990 H.B. 1287, A.L. 1997 S.B. 141, A.L. 2001 H.B. 567)

If the applicant for license as a pharmacist has complied with
all the requirements of sections 338.010 and 338.020, the board of
pharmacy shall enroll his name upon the register of pharmacists and issue
to him a license which shall entitle him to practice as a pharmacist for
a period ending with the expiration date of the license. (RSMo 1939 §
10007, A. 1949 H.B. 2075, A.L. 1961 p. 501, A.L. 1971 S.B. 145, A.L. 1981
S.B. 16)

Prior revisions: 1929 § 13143; 1919 § 4715; 1909 § 5767

1. The board may refuse to issue any certificate of registration
or authority, permit or license required pursuant to this chapter for one
or any combination of causes stated in subsection 2 of this section. The
board shall notify the applicant in writing of the reasons for the
refusal and shall advise the applicant of his or her right to file a
complaint with the administrative hearing commission as provided by
chapter 621, RSMo.

2. The board may cause a complaint to be filed with the administrative
hearing commission as provided by chapter 621, RSMo, against any holder
of any certificate of registration or authority, permit or license
required by this chapter or any person who has failed to renew or has
surrendered his or her certificate of registration or authority, permit
or license for any one or any combination of the following causes:

(1) Use of any controlled substance, as defined in chapter 195, RSMo, or
alcoholic beverage to an extent that such use impairs a person's ability
to perform the work of any profession licensed or regulated by this
chapter;

(2) The person has been finally adjudicated and found guilty, or entered
a plea of guilty or nolo contendere, in a criminal prosecution under the
laws of any state or of the United States, for any offense reasonably
related to the qualifications, functions or duties of any profession
licensed or regulated under this chapter, for any offense an essential
element of which is fraud, dishonesty or an act of violence, or for any
offense involving moral turpitude, whether or not sentence is imposed;

(3) Use of fraud, deception, misrepresentation or bribery in securing any
certificate of registration or authority, permit or license issued
pursuant to this chapter or in obtaining permission to take any
examination given or required pursuant to this chapter;

(4) Obtaining or attempting to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation;

(5) Incompetence, misconduct, gross negligence, fraud, misrepresentation
or dishonesty in the performance of the functions or duties of any
profession licensed or regulated by this chapter;

(6) Violation of, or assisting or enabling any person to violate, any
provision of this chapter, or of any lawful rule or regulation adopted
pursuant to this chapter;

(7) Impersonation of any person holding a certificate of registration or
authority, permit or license or allowing any person to use his or her
certificate of registration or authority, permit, license, or diploma
from any school;

(8) Denial of licensure to an applicant or disciplinary action against an
applicant or the holder of a license or other right to practice any
profession regulated by this chapter granted by another state, territory,
federal agency, or country whether or not voluntarily agreed to by the
licensee or applicant, including, but not limited to, surrender of the
license upon grounds for which denial or discipline is authorized in this
state;

(9) A person is finally adjudged incapacitated by a court of competent
jurisdiction;

(10) Assisting or enabling any person to practice or offer to practice
any profession licensed or regulated by this chapter who is not
registered and currently eligible to practice under this chapter;

(11) Issuance of a certificate of registration or authority, permit or
license based upon a material mistake of fact;

(12) Failure to display a valid certificate or license if so required by
this chapter or any rule promulgated hereunder;

(13) Violation of any professional trust or confidence;

(14) Use of any advertisement or solicitation which is false, misleading
or deceptive to the general public or persons to whom the advertisement
or solicitation is primarily directed;

(15) Violation of the drug laws or rules and regulations of this state,
any other state or the federal government;

(16) The intentional act of substituting or otherwise changing the
content, formula or brand of any drug prescribed by written or oral
prescription without prior written or oral approval from the prescriber
for the respective change in each prescription; provided, however, that
nothing contained herein shall prohibit a pharmacist from substituting or
changing the brand of any drug as provided under section 338.056, and any
such substituting or changing of the brand of any drug as provided for in
section 338.056 shall not be deemed unprofessional or dishonorable
conduct unless a violation of section 338.056 occurs;

(17) Personal use or consumption of any controlled substance unless it is
prescribed, dispensed, or administered by a health care provider who is
authorized by law to do so.

3. After the filing of such complaint, the proceedings shall be conducted
in accordance with the provisions of chapter 621, RSMo. Upon a finding by
the administrative hearing commission that the grounds, provided in
subsection 2, for disciplinary action are met, the board may, singly or
in combination, censure or place the person named in the complaint on
probation on such terms and conditions as the board deems appropriate for
a period not to exceed five years, or may suspend, for a period not to
exceed three years, or revoke the license, certificate, or permit. The
board may impose additional discipline on a licensee, registrant, or
permittee found to have violated any disciplinary terms previously
imposed under this section or by agreement. The additional discipline may
include, singly or in combination, censure, placing the licensee,
registrant, or permittee named in the complaint on additional probation
on such terms and conditions as the board deems appropriate, which
additional probation shall not exceed five years, or suspension for a
period not to exceed three years, or revocation of the license,
certificate, or permit.

4. If the board concludes that a licensee or registrant has committed an
act or is engaging in a course of conduct which would be grounds for
disciplinary action which constitutes a clear and present danger to the
public health and safety, the board may file a complaint before the
administrative hearing commission requesting an expedited hearing and
specifying the activities which give rise to the danger and the nature of
the proposed restriction or suspension of the licensee's or registrant's
license. Within fifteen days after service of the complaint on the
licensee or registrant, the administrative hearing commission shall
conduct a preliminary hearing to determine whether the alleged activities
of the licensee or registrant appear to constitute a clear and present
danger to the public health and safety which justify that the licensee's
or registrant's license or registration be immediately restricted or
suspended. The burden of proving that the actions of a licensee or
registrant constitute a clear and present danger to the public health and
safety shall be upon the state board of pharmacy. The administrative
hearing commission shall issue its decision immediately after the hearing
and shall either grant to the board the authority to suspend or restrict
the license or dismiss the action.

5. If the administrative hearing commission grants temporary authority to
the board to restrict or suspend the licensee's or registrant's license,
such temporary authority of the board shall become final authority if
there is no request by the licensee or registrant for a full hearing
within thirty days of the preliminary hearing. The administrative hearing
commission shall, if requested by the licensee or registrant named in the
complaint, set a date to hold a full hearing under the provisions of
chapter 621, RSMo, regarding the activities alleged in the initial
complaint filed by the board.

6. If the administrative hearing commission dismisses the action filed by
the board pursuant to subsection 4 of this section, such dismissal shall
not bar the board from initiating a subsequent action on the same
grounds. (L. 1971 S.B. 145, A.L. 1978 H.B. 933, A.L. 1981 S.B. 16, A.L.
1986 H.B. 999, A.L. 1998 H.B. 1601, et al., A.L. 2001 H.B. 567, A.L. 2004
S.B. 1122)

1. Except as provided in subsection 2 of this section*, the
pharmacist filling prescription orders for drug products prescribed by
trade or brand name may select another drug product with the same active
chemical ingredients of the same strength, quantity and dosage form, and
of the same generic drug type, as determined by the United States Adopted
Names and accepted by the Federal Food and Drug Administration. Selection
pursuant to this section is within the discretion of the pharmacist,
except as provided in subsection 2 of this section*. The pharmacist who
selects the drug product to be dispensed pursuant to this section shall
assume the same responsibility for selecting the dispensed drug product
as would be incurred in filling a prescription for a drug product
prescribed by generic name. The pharmacist shall not select a drug
product pursuant to this section unless the product selected costs the
patient less than the prescribed product.

2. A pharmacist who receives a prescription for a brand name drug may,
unless requested otherwise by the purchaser, select a less expensive
generically equivalent product under the following circumstances:

(1) If a written prescription is involved, the prescription form used
shall have two signature lines at opposite ends at the bottom of the
form. Under the line at the right side shall be clearly printed the
words: "Dispense as Written". Under the line at the left side shall be
clearly printed the words "Substitution Permitted". The prescriber shall
communicate the instructions to the pharmacist by signing the appropriate
line. No prescription shall be valid without the signature of the
prescriber on one of these lines;

(2) If an oral prescription is involved, the practitioner or the
practitioner's agent, communicating the instructions to the pharmacist,
shall instruct the pharmacist as to whether or not a therapeutically
equivalent generic drug may be substituted. The pharmacist shall note the
instructions on the file copy of the prescription.

3. All prescriptions written in the state of Missouri by practitioners
authorized to write prescriptions shall be on forms which comply with
subsection 2 hereof.

4. Notwithstanding the provisions of subsection 2 of this section to the
contrary, a pharmacist may fill a prescription for a brand name drug by
substituting a generically equivalent drug when generic substitution is
allowed in accordance with the laws of the state where the prescribing
practitioner is located.

5. Violations of this section are infractions. (L. 1978 H.B. 933, A.L.
1996 H.B. 1237)

*Words "of this section" do not appear in original rolls.

The board of pharmacy shall publish a list of drug products for
which substitution as provided in section 338.056 shall not be permitted.
The list of drug products to be included on this list shall be based upon
a joint determination made by the department of health and senior
services, the state board of registration for the healing arts, and the
state board of pharmacy. The board of pharmacy shall publish the list not
less often than semiannually, and shall publish amendments to the list as
required. (L. 1978 H.B. 933, A.L. 1997 S.B. 141)

1. It shall be the duty of a licensed pharmacist or a physician
to affix or have affixed by someone under the pharmacist's or physician's
supervision a label to each and every container provided to a consumer in
which is placed any prescription drug upon which is typed or written the
following information:

(1) The date the prescription is filled;

(2) The sequential number;

(3) The patient's name;

(4) The prescriber's directions for usage;

(5) The prescriber's name;

(6) The name and address of the pharmacy;

(7) The exact name and dosage of the drug dispensed;

(8) There may be one line under the information provided in subdivisions
(1) to (7) of this subsection stating "Refill" with a blank line or
squares following or the words "No Refill";

(9) When a generic substitution is dispensed, the name of the
manufacturer or an abbreviation thereof shall appear on the label or in
the pharmacist's records as required in section 338.100.

2. The label of any drug which is sold at wholesale in this state and
which requires a prescription to be dispensed at retail shall contain the
name of the manufacturer, expiration date, if applicable, batch or lot
number and national drug code. (L. 1971 S.B. 145, A.L. 1973 S.B. 42, A.L.
1978 H.B. 933, A.L. 1997 S.B. 141)

1. Every licensed pharmacist or permit holder who desires to
continue in the practice of this profession shall, within thirty days
before the license expiration date, file an application for the renewal,
which application shall be accompanied by the fee prescribed in sections
338.010 to 338.198.

2. If any pharmacist fails, after the expiration of the pharmacist's
license, to make application to the board for its renewal, the
pharmacist's name shall be removed from the register of licensed
pharmacists, and such person, in order to again become registered as a
licensed pharmacist, shall be required to pay all delinquent fees. Any
pharmacist who fails to renew the pharmacist's license within two years
of its expiration and then desires to be preregistered shall be treated
in the same manner as a person who has never been licensed. Any
registered pharmacist whose certificate of registration has expired while
the pharmacist has been engaged in active duty with the United States
Army, United States Navy, United States Air Force, the Marine Corps,
Coast Guard, or any other branch of the armed services or the state
militia called into the service or training of the United States of
America, or in training or education under the supervision of the United
States preliminary to induction into the military services may have the
pharmacist's certificate of registration renewed without paying any
lapse, renewal or registration fee or without passing any examination, if
within one year after the termination of such service, training or
education, other than by dishonorable discharge, the pharmacist furnishes
the board with an affidavit to the effect that the pharmacist has been so
engaged and that the pharmacist's service, training or education has
terminated.

3. Except as provided in subsection 5 of this section, when applying for
a renewal of the license as required by the provisions of this section,
each licensed pharmacist shall submit proof of the completion of at least
fifteen hours of board-approved continuing education courses during each
twelve-month period immediately preceding the date of the application for
renewal of the license. The board shall prescribe the form to be
completed. No license shall be renewed unless the holder thereof has
complied with the provisions of this subsection.

4. The proof of completion of such continuing education shall be in such
form as the board may require. The approved courses shall include those
offered by correspondence, but the board shall approve all courses of
instruction which may be used to satisfy the education requirements of
subsection 3 of this section.

5. Each licensed pharmacist may, instead of submitting proof of the
completion of the required continuing education courses, apply for an
inactive license at the time the pharmacist makes application for the
renewal of the pharmacist's license and pay the required renewal fee. An
inactive license shall then be issued, and may be renewed biennially.
While the inactive license is in effect the pharmacist shall not practice
pharmacy. The inactive license may be changed to a regular license
without other examination whenever the pharmacist submits proof of the
completion of continuing education courses for the total amount of such
courses not completed since the pharmacist was last licensed on an active
basis. (RSMo 1939 § 10009, A.L. 1943 p. 521, A.L. 1947 V. I p. 277, A.
1949 H.B. 2075, A.L. 1951 p. 737, A.L. 1981 S.B. 16, A.L. 1984 S.B. 478,
A.L. 1997 S.B. 141, A.L. 1999 H.B. 343)

Prior revisions: 1929 § 13145; 1919 § 4717; 1909 § 5769

1. At such time as the final trial proceedings are concluded
whereby a licensee or registrant, or any person who has failed to renew
or has surrendered his or her certificate of registration or authority,
permit, or license, has been adjudicated and found guilty, or has entered
a plea of guilty or nolo contendere, in a felony prosecution pursuant to
the laws of the state of Missouri, the laws of any other state,
territory, or the laws of the United States of America for any offense
reasonably related to the qualifications, functions or duties of a
licensee, permittee, or registrant pursuant to this chapter or any felony
offense, an essential element of which is fraud, dishonesty or an act of
violence, or for any felony offense involving moral turpitude, whether or
not sentence is imposed, the board of pharmacy may hold a disciplinary
hearing to singly or in combination censure or place the licensee,
permittee, or registrant named in the complaint on probation on such
terms and conditions as the board deems appropriate for a period not to
exceed five years, or may suspend, for a period not to exceed three
years, or revoke the license, certificate, registration or permit.

2. Anyone who has been revoked or denied a license, permit or certificate
to practice in another state may automatically be denied a license or
permit to practice in this state. However, the board of pharmacy may
establish other qualifications by which a person may ultimately be
qualified and licensed to practice in Missouri. (L. 1990 H.B. 1287, A.L.
1997 S.B. 141, A.L. 1999 H.B. 343, A.L. 2004 S.B. 1122)

1. In any order of revocation, the board may provide that the
person may not apply for reinstatement of his license for a period of
time ranging from two to seven years following the date of the order of
revocation. All stay orders shall toll this time period.

2. Before restoring to good standing a license, certificate or permit
issued under sections 338.010 to 338.315 which has been in a revoked,
suspended or inactive state for any cause for more than two years, the
board may require the applicant to attend such continuing pharmaceutical
education courses and pass such examinations as the board may direct. (L.
1990 H.B. 1287)

1. The board of pharmacy shall set the amount of the fees which
this chapter authorizes and requires by rules and regulations promulgated
pursuant to chapter 536, RSMo. The fees shall be set at a level to
produce revenue which shall not substantially exceed the cost and expense
of administering this chapter. All fees shall be paid before an applicant
may be admitted to examination or his or her name placed upon the
register of pharmacists, or before any license or permit, or any renewal
thereof, is issued by the board.

2. All fees payable pursuant to the provisions of this chapter shall be
collected by the division of professional registration and transmitted to
the department of revenue for deposit in the state treasury to the credit
of the fund to be known as the "Board of Pharmacy Fund".

3. The provisions of section 33.080, RSMo, to the contrary
notwithstanding, money in this fund shall not be transferred and placed
to the credit of general revenue until the amount in the fund at the end
of the biennium exceeds two times the amount of the appropriation from
the board's funds for the preceding fiscal year or, if the board requires
by rule permit renewal less frequently than yearly, then three times the
appropriation from the board's funds for the preceding fiscal year. The
amount, if any, in the fund which shall lapse is that amount in the fund
which exceeds the appropriate multiple of the appropriations from the
board's funds for the preceding fiscal year. (RSMo 1939 § 10015, A.L.
1947 V. I p. 277, A.L. 1953 p. 613, A.L. 1961 p. 501, A.L. 1969 S.B. 390,
A.L. 1981 S.B. 16, A.L. 1985 S.B. 99, A.L. 1997 S.B. 141)

Prior revisions: 1929 § 13151; 1919 § 4723; 1909 § 5775

Every license to practice as a pharmacist, and every permit
issued to any person under the provisions of this chapter to establish a
pharmacy, and every renewal of such license or permit, shall be
conspicuously exposed in the pharmacy or place of business of which the
pharmacist or other person to whom it is issued is the owner or manager
or in which he is employed. (RSMo 1939 § 10009, A.L. 1943 p. 521, A.L.
1947 V. I p. 277, A. 1949 H.B. 2075, A.L. 1990 H.B. 1287)

Prior revisions: 1929 § 13145; 1919 § 4717; 1909 § 5769

1. It shall be unlawful for any person to retail any poisons
enumerated in schedules "A" and "B", except as follows: Schedule
"A"--arsenic and its preparations, biniodide of mercury, cyanide of
potassium, hydrocyanic acid, strychnia, and all other poisonous vegetable
alkaloids and their salts, and the essential oil of bitter almonds.
Schedule "B"--opium and its preparations, except paregoric and other
preparations of opium containing less than two grains to the ounce,
aconite, bella donna, colchicum, conium, nux vomica, henbane, savin,
ergot, cotton root, cantharides, creosote, veratrum, digitalis, and their
pharmaceutical preparations, croton oil, chloroform, chloral hydrate,
sulphate of zinc, corrosive sublimate, red precipitate, white
precipitate, mineral acids, carbolic acid, oxalic acid, without labeling
the box, vessel or paper in which the said poison is contained, and also
the outside wrapper or cover with the name of the article, the word
"poison" and the name and place of business of the seller.

2. Nor shall it be lawful for any person to sell or deliver any poisons
enumerated in schedules "A" and "B" unless, upon due inquiry, it is found
that the purchaser is aware of its poisonous character and represents
that it is to be used for legitimate purposes. Nor shall it be lawful for
any registered pharmacists to sell any poisons included in schedule "A"
without, before delivering the same to the purchaser, causing an entry to
be made in a book kept for that purpose, stating the date of sale, name
and address of purchaser, the name of the poison sold, the purpose for
which it was represented by the purchaser to be required and the name of
the dispenser, such book to be always open for inspection by the proper
authorities, and to be preserved for at least five years.

3. The provisions of this section shall not apply to the dispensing of
poison in not unusual quantities or doses upon the prescription of
practitioners of medicine. (RSMo 1939 § 10018, A. 1949 H.B. 2075)

Prior revisions: 1929 § 13152; 1919 § 4724; 1909 § 5776

CROSS REFERENCE: Pesticides registration, RSMo 281.210 to 281.310

1. The terms "prescription" and "prescription drug order" are
hereby defined as a lawful order for medications or devices issued and
signed by an authorized prescriber within the scope of his professional
practice which is to be dispensed or administered by a pharmacist or
dispensed or administered pursuant to section 334.104, RSMo, to and for
the ultimate user. The terms "prescription" and "drug order" do not
include an order for medication which is provided for the immediate
administration to the ultimate user or recipient.

2. The term "telephone prescription" is defined as an order for
medications or devices transmitted to a pharmacist by telephone or
similar electronic medium by an authorized prescriber or his authorized
agent acting in the course of his professional practice which is to be
dispensed or administered by a pharmacist or dispensed or administered
pursuant to section 334.104, RSMo, to and for the ultimate user. A
telephone prescription shall be promptly reduced to written or electronic
medium by the pharmacist and shall comply with all laws governing
prescriptions and record keeping.

3. A licensed pharmacist may lawfully provide prescription or medical
information to a licensed health care provider or his agent who is
legally qualified to administer medications and treatments and who is
involved in the treatment of the patient. The information may be derived
by direct contact with the prescriber or through a written protocol
approved by the prescriber. Such information shall authorize the provider
to administer appropriate medications and treatments.

4. Nothing in this section shall be construed to limit the authority of
other licensed health care providers to prescribe, administer, or
dispense medications and treatments within the scope of their
professional practice. (L. 1993 H.B. 564)

1. Every permit holder of a licensed pharmacy shall cause to be
kept in a uniform fashion consistent with this section a suitable file in
which shall be preserved, for a period of not less than five years, the
original or order of each drug which has been compounded or dispensed at
such pharmacy, according to and in compliance with standards provided by
the board, and shall produce the same in court or before any grand jury
whenever lawfully required. A licensed pharmacy may maintain its
prescription file on readable microfilm for records maintained over three
years. After September, 1999, a licensed pharmacy may preserve
prescription files on microfilm or by electronic media storage for
records maintained over three years. The pharmacist in charge shall be
responsible for complying with the permit holder's record-keeping system
in compliance with this section. Records maintained by a pharmacy that
contain medical or drug information on patients or their care shall be
considered as confidential and shall only be released according to
standards provided by the board. Upon request, the pharmacist in charge
of such pharmacy shall furnish to the prescribe, and may furnish to the
person for whom such prescription was compounded or dispensed, a true and
correct copy of the original prescription. The file of original
prescriptions and other confidential records, as defined by law, shall at
all times be open for inspection by board of pharmacy representatives.

2. An institutional pharmacy located in a hospital shall be responsible
for maintaining records of the transactions of the pharmacy as required
by federal and state laws and as necessary to maintain adequate control
and accountability of all drugs. This shall include a system of controls
and records for the requisitioning and dispensing of pharmaceutical
supplies where applicable to patients, nursing care units and to other
departments or services of the institution. Inspection performed pursuant
to this subsection shall be consistent with the provisions of section
197.100, RSMo. (RSMo 1939 § 10019, A.L. 1971 S.B. 145, A.L. 1990 H.B.
1287, A.L. 1997 S.B. 141, A.L. 1999 H.B. 343)

Prior revisions: 1929 § 13153; 1919 § 4725; 1909 § 5777

1. The board of pharmacy shall consist of seven persons not
connected with any school of pharmacy. Six members shall be licensed as
pharmacists and actively engaged in the practice of pharmacy within this
state, and at least one of these shall be a person who provides, on a
full-time basis, pharmaceutical services to a hospital, skilled nursing
facility or an intermediate care facility. The other member shall be a
voting public member. All members shall be appointed by the governor,
with the approval of the senate, and shall hold their office for five
years from the date of their appointment and until their successors shall
have been appointed and qualified.

2. Annually the Missouri Pharmaceutical Association may submit to the
director of the division of professional registration the names of five
persons licensed as pharmacists within this state, and from this number,
or from others, the governor, with the approval of the senate, shall
appoint one member to fill the vacancy annually occurring in the board of
pharmacy, and vacancies occurring from any other cause shall be filled in
like manner. This subsection shall not apply to public member vacancies.

3. The public member shall be at the time of his or her appointment a
citizen of the United States; a resident of this state for a period of
one year and a registered voter; a person who is not and never was a
member of any profession licensed or regulated pursuant to this chapter
or the spouse of such person; and a person who does not have and never
has had a material, financial interest in either the providing of the
professional services regulated by this chapter, or an activity or
organization directly related to any profession licensed or regulated
pursuant to this chapter. All members, including public members, shall be
chosen from lists submitted by the director of the division of
professional registration. The duties of the public member shall not
include the determination of the technical requirements to be met for
licensure or whether any person meets such technical requirements or of
the technical competence or technical judgment of a licensee or a
candidate for licensure. (RSMo 1939 § 10010, A. 1949 H.B. 2075, A.L. 1981
S.B. 16, A.L. 1999 H.B. 343)

Prior revisions: 1929 § 13146; 1919 § 4718; 1909 § 5770

CROSS REFERENCE: Public member, additional duties, RSMo 620.132

Annually the board of pharmacy shall organize by the election of
a president and vice president who shall hold their offices for one year
and until their successors shall have been elected and qualified. (RSMo
1939 § 10011, A.L. 1981 S.B. 16, A.L. 1997 S.B. 141)

Prior revisions: 1929 § 13147; 1919 § 4719; 1909 § 5771

1. Each member of the board shall receive as compensation an
amount set by the board not to exceed fifty dollars for each day devoted
to the affairs of the board, and shall be entitled to reimbursement of
the member's expenses necessarily incurred in the discharge of the
member's official duties.

2. The board may employ such board personnel, as defined in subdivision
(4) of subsection 15 of section 620.010, RSMo, as it deems necessary to
carry out the provisions of this chapter. The compensation and expenses
of such personnel and all expenses incurred by the board in carrying into
execution the provisions of this chapter, shall be paid out of the board
of pharmacy fund upon a warrant on the state treasurer. (RSMo 1939 §
10017, A. 1949 H.B. 2075, A.L. 1961 p. 503, A.L. 1969 S.B. 390, A.L. 1981
S.B. 16, A.L. 1997 S.B. 141)

Prior revisions: 1929 § 13149; 1919 § 4721; 1909 § 5773

Any provision of the law to the contrary notwithstanding, the
board of pharmacy shall prepare and maintain an equitable salary schedule
for professional staff that are employees of the board. The positions and
classification plan for personnel attributed to the inspection of
licensed entities within this chapter shall allow for a comparison of
such positions with similar positions in adjoining states. Board of
pharmacy professional positions shall not be compensated at more than
ninety percent parity for corresponding positions within adjoining states
for pharmacists employed in those positions. (L. 2005 S.B. 177 § 1)

1. The board of pharmacy shall have a common seal, and shall
have power to adopt such rules and bylaws not inconsistent with law as
may be necessary for the regulation of its proceedings and for the
discharge of the duties imposed pursuant to sections 338.010 to 338.198,
and shall have power to employ an attorney to conduct prosecutions or to
assist in the conduct of prosecutions pursuant to sections 338.010 to
338.198.

2. The board shall keep a record of its proceedings.

3. The board of pharmacy shall make annually to the governor and, upon
written request, to persons licensed pursuant to the provisions of this
chapter a written report of its proceedings.

4. The board of pharmacy shall appoint an advisory committee composed of
five members, one of whom shall be a representative of pharmacy but who
shall not be a member of the pharmacy board, three of whom shall be
representatives of wholesale drug distributors as defined in section
338.330, and one of whom shall be a representative of drug manufacturers.
The committee shall review and make recommendations to the board on the
merit of all rules and regulations dealing with pharmacy distributors,
wholesale drug distributors and drug manufacturers which are proposed by
the board.

5. A majority of the board shall constitute a quorum for the transaction
of business.

6. Notwithstanding any other provisions of law to the contrary, the board
may issue letters of reprimand, censure or warning to any holder of a
license or registration required pursuant to this chapter for any
violations that could result in disciplinary action as defined in section
338.055. (RSMo 1939 § 10012, A.L. 1981 S.B. 16, A.L. 1989 S.B. 39, A.L.
1997 S.B. 141)

Prior revisions: 1929 § 13148; 1919 § 4720; 1909 § 5772

1. The president of the board may, upon majority vote of the
board, administer oaths, issue subpoenas duces tecum, and require
production of documents and records from any person or entity not
licensed by the board when such documents and records are not otherwise
available to the board pursuant to the board's inspection authority
granted in sections 338.100 and 338.150. Subpoenas duces tecum shall be
served by a person authorized to serve subpoenas of courts of record. In
lieu of requiring attendance of a person to produce original documents in
response to a subpoena duces tecum, the board may require sworn copies of
such documents to be filed with it or delivered to its designated
representative.

2. The board may enforce its subpoenas duces tecum by applying to the
circuit court of Cole County, the county of the investigation, hearing or
proceeding, or any county where the records reside or may be found for an
order upon any person who shall fail to obey a subpoena duces tecum to
show cause why such subpoena duces tecum should not be enforced, which
such order and a copy of the application therefor shall be served upon
the person in the same manner as a summons in a civil action. If the
circuit court shall, after a hearing, determine that the subpoena duces
tecum should be sustained and enforced, such court shall proceed to
enforce the subpoena duces tecum in the same manner as though the
subpoena had been issued in a civil case in the circuit court. (L. 2004
S.B. 1122)

Any person authorized by the board of pharmacy is hereby given
the right of entry and inspection upon all open premises purporting or
appearing to be drug or chemical stores, apothecary shops, pharmacies or
places of business for exposing for sale, or the dispensing or selling of
drugs, pharmaceuticals, medicines, chemicals or poisons or for the
compounding of physicians' prescriptions. (RSMo 1939 § 10016, A.L. 1951
p. 737, A.L. 1961 p. 503, A.L. 1980 H.B. 1266, A.L. 1981 S.B. 16)

1. Any person who in good faith and without malice reports,
provides information, or cooperates in any manner with the board, or
assists the board in any manner including, but not limited to, any
applicant or licensee, whether or not the applicant or licensee is the
subject of an investigation, record custodians, consultants, attorneys,
board members, agents, employees, staff or expert witnesses, in the
course of any investigation, hearing or other proceeding conducted by or
before the board pursuant to the provisions of this chapter shall not be
subject to an action for civil damages as a result of providing such
information and cooperating with the board.

2. No physician or other authorized prescriber who, in good faith,
cooperates with the board by writing a prescription or drug order at the
request of the board pursuant to a routine inspection or a lawful
investigation shall, by virtue of that cooperation, be in violation of
this chapter or any drug laws of this state and shall be acting as an
agent of the state and, as such, shall have sovereign immunity for those
actions.

3. No licensee, registrant, permit holder, or other individual or entity
subject to the board's jurisdiction who, in good faith, fills a
prescription presented by the board as part of an inspection or
investigation shall, by virtue of that act, be in violation of this
chapter or the drug laws of this state, provided the prescription is
otherwise prepared and dispensed in a lawful manner. (L. 2004 S.B. 1122)

It shall be unlawful for any person not legally licensed as a
pharmacist to take, use or exhibit the title of pharmacist, or licensed
or registered pharmacist, or the title druggist or apothecary, or any
other title or description of like import. (RSMo 1939 § 10020, A.L. 1951
p. 737)

Prior revisions: 1929 § 13154; 1919 § 4726; 1909 § 5778

(1968) Punitive damages were proper in case where it was alleged that
defendant who was not registered pharmacist filled prescription without
supervision of person who was registered pharmacist. Duensing v. Huscher
(Mo.), 431 S.W.2d 169.

Upon receiving information that any provision of sections
338.010 to 338.190 has been or is being violated, the secretary of the
board of pharmacy shall investigate the matter, and upon probable cause
appearing, shall, under the direction of the board, file a complaint and
prosecute the offender therefor. It shall be the duty of the prosecuting
attorney, upon the request of the secretary, to take charge of and
conduct such prosecutions. (RSMo 1939 § 10013, A. 1949 H.B. 2075)

Prior revisions: 1929 § 13150; 1919 § 4722; 1909 § 5774

After August 28, 1990, notwithstanding any other provisions of
law, the board of pharmacy shall have access to records involving an
applicant for a license or permit or renewal of a license or permit as
provided within this chapter, where the applicant has been adjudicated
and found guilty or entered a plea of guilty or nolo contendere in a
prosecution under the laws of any state or of the United States for any
offense reasonably related to the qualifications, functions, or duties of
any profession licensed or regulated under this chapter, for any offense
an essential element of which is fraud, dishonesty or an act of violence
or for any offense involving moral turpitude, whether or not sentence is
imposed. (L. 1990 H.B. 1287)

Any person who is licensed under this chapter who violates any
provision of sections 338.010 to 338.190 shall, upon conviction, be
adjudged guilty of a class A misdemeanor. (RSMo 1939 § 10022, A.L. 1951
p. 737, A.L. 1981 S.B. 16, A.L. 1990 H.B. 1287)

Prior revisions: 1929 § 13156; 1919 § 4728; 1909 § 5780

Any person, who is not licensed under this chapter, who violates
any provision of sections 338.010 to 338.315 shall, upon conviction, be
adjudged guilty of a class C felony. (L. 1990 H.B. 1287)

Notwithstanding the provisions of section 338.056 to the
contrary, a pharmacist may fill a prescription written by a practitioner
licensed in a state other than Missouri according to the practitioner's
direction as to generic substitution. (L. 1991 H.B. 444 § 5)

Other provisions of law to the contrary notwithstanding, a
pharmacist may fill a physician's prescription or the prescription of an
advanced practice nurse working under a collaborative practice
arrangement with a physician, when it is forwarded to the pharmacist by a
registered professional nurse or registered physician's assistant or
other authorized agent. The written collaborative practice arrangement
shall specifically state that the registered professional nurse or
registered physician assistant is permitted to authorize a pharmacist to
fill a prescription on behalf of the physician. (L. 1993 H.B. 564)

1. Pharmacy refers to any location where the practice of
pharmacy occurs or such activities are offered or provided by a
pharmacist or another acting under the supervision and authority of a
pharmacist, including every premises or other place:

(1) Where the practice of pharmacy is offered or conducted;

(2) Where drugs, chemicals, medicines, prescriptions, or poisons are
compounded, prepared, dispensed or sold or offered for sale at retail;

(3) Where the words "pharmacist", "apothecary", "drugstore", "drugs", and
any other symbols, words or phrases of similar meaning or understanding
are used in any form to advertise retail products or services;

(4) Where patient records or other information is maintained for the
purpose of engaging or offering to engage in the practice of pharmacy or
to comply with any relevant laws regulating the acquisition, possession,
handling, transfer, sale or destruction of drugs, chemicals, medicines,
prescriptions or poisons.

2. All activity or conduct involving the practice of pharmacy as it
relates to an identifiable prescription or drug order shall occur at the
pharmacy location where such identifiable prescription or drug order is
first presented by the patient or the patient's authorized agent for
preparation or dispensing, unless otherwise expressly authorized by the
board.

3. The requirements set forth in subsection 2 of this section shall not
be construed to bar the complete transfer of an identifiable prescription
or drug order pursuant to a verbal request by or the written consent of
the patient or the patient's authorized agent.

4. The board is hereby authorized to enact rules waiving the requirements
of subsection 2 of this section and establishing such terms and
conditions as it deems necessary, whereby any activities related to the
preparation, dispensing or recording of an identifiable prescription or
drug order may be shared between separately licensed facilities.

5. If a violation of this chapter or other relevant law occurs in
connection with or adjunct to the preparation or dispensing of a
prescription or drug order, any permit holder or pharmacist-in-charge at
any facility participating in the preparation, dispensing, or
distribution of a prescription or drug order may be deemed liable for
such violation.

6. Nothing in this section shall be construed to supersede the provisions
of section 197.100, RSMo. (L. 1951 p. 734 § 1(a), A.L. 2001 H.B. 567)

1. It shall be unlawful for any person, copartnership,
association, corporation or any other business entity to open, establish,
operate, or maintain any pharmacy as defined by statute without first
obtaining a permit or license to do so from the Missouri board of
pharmacy. The following classes of pharmacy permits or licenses are
hereby established:

(1) Class A: Community/ambulatory;

(2) Class B: Hospital outpatient pharmacy;

(3) Class C: Long-term care;

(4) Class D: Nonsterile compounding;

(5) Class E: Radio pharmaceutical;

(6) Class F: Renal dialysis;

(7) Class G: Medical gas;

(8) Class H: Sterile product compounding;

(9) Class I: Consultant services;

(10) Class J: Shared service;

(11) Class K: Internet.

2. Application for such permit or license shall be made upon a form
furnished to the applicant; shall contain a statement that it is made
under oath or affirmation and that its representations are true and
correct to the best knowledge and belief of the person signing same,
subject to the penalties of making a false affidavit or declaration; and
shall be accompanied by a permit or license fee. The permit or license
issued shall be renewable upon payment of a renewal fee. Separate
applications shall be made and separate permits or licenses required for
each pharmacy opened, established, operated, or maintained by the same
owner.

3. All permits, licenses or renewal fees collected pursuant to the
provisions of sections 338.210 to 338.370 shall be deposited in the state
treasury to the credit of the Missouri board of pharmacy fund, to be used
by the Missouri board of pharmacy in the enforcement of the provisions of
sections 338.210 to 338.370, when appropriated for that purpose by the
general assembly. (L. 1951 p. 734 § 1, A.L. 1969 S.B. 390, A.L. 1981 S.B.
16, A.L. 1989 S.B. 39, A.L. 1997 S.B. 141, A.L. 1999 H.B. 343, A.L. 2001
H.B. 567, A.L. 2004 S.B. 1122)

All fees collected under the provisions of sections 338.210 to
338.370 shall be deposited in the state treasury to the credit of the
Missouri board of pharmacy fund, to be used by the Missouri board of
pharmacy in the enforcement of the provisions of sections 338.210 to
338.370, when appropriated for that purpose by the general assembly. (L.
1951 p. 734 § 3, A.L. 1989 S.B. 39)

Upon evidence satisfactory to the said Missouri board of
pharmacy:

(1) That the pharmacy for which a permit, or renewal thereof, is sought,
will be conducted in full compliance with sections 338.210 to 338.300,
with existing laws, and with the rules and regulations as established
hereunder by said board;

(2) That the equipment and facilities of such pharmacy are such that it
can be operated in a manner not to endanger the public health or safety;

(3) That such pharmacy is equipped with proper pharmaceutical and
sanitary appliances and kept in a clean, sanitary and orderly manner;

(4) That the management of said pharmacy is under the supervision of
either a registered pharmacist, or an owner or employee of the owner, who
has at his place of business a registered pharmacist employed for the
purpose of compounding physician's prescriptions in the event any such
prescriptions are compounded or sold;

(5) That said pharmacy is operated in compliance with the rules and
regulations legally prescribed with respect thereto by the Missouri board
of pharmacy, a permit or renewal thereof shall be issued to such persons
as the said board of pharmacy shall deem qualified to conduct such
pharmacy. (L. 1951 p. 734 § 2)

No pharmacy shall be licensed under the provisions of this
chapter unless it is equipped with proper pharmaceutical equipment and
reference manuals, so that the practice of pharmacy may be accurately and
properly performed. The board shall prescribe the minimum of technical
equipment which the pharmacy shall at all times possess. Such
requirements may vary, depending upon the population served, but shall be
consistently and uniformly enforced. No permit shall be issued or renewed
for the operation of a pharmacy unless the pharmacy shall be operated in
a manner and according to the rules and regulations prescribed by law and
by the Missouri board of pharmacy with respect to obtaining and
maintaining such a permit. Any pharmacy that receives or possesses drugs
or devices shall be held responsible for compliance with all laws within
this chapter as well as state and federal drug laws on all drugs received
or possessed, including but not limited to drugs and devices received or
possessed pursuant to a consignment arrangement. (L. 1951 p. 734 § 6,
A.L. 1990 H.B. 1287, A.L. 1998 S.B. 940)

No person shall carry on, conduct or transact a business under a
name which contains as part of the name the words "pharmacist",
"pharmacy", "apothecary", "apothecary shop", "chemist shop", "drug
store", "druggist", "drugs", "consultant pharmacist", or any word of
similar or like import, unless the place of business is supervised by a
licensed pharmacist. (L. 1951 p. 737 § 338.170, A.L. 1990 H.B. 1287)

Application blanks for renewal permits shall be mailed to each
permittee on or before the first day of the month in which the permit
expires and, if application for renewal of permit is not made before the
first day of the following month, the existing permit, or renewal
thereof, shall lapse and become null and void upon the last day of that
month. (L. 1951 p. 734 § 3, A.L. 1981 S.B. 16)

The Missouri board of pharmacy may make such rules and
regulations, not inconsistent with law, as may be necessary to carry out
the purposes and enforce the provisions of sections 338.210 to 338.300.
(L. 1951 p. 734 § 4, A.L. 1971 S.B. 145, A.L. 1981 S.B. 16)

(1987) Board of Pharmacy has no jurisdiction to regulate pharmacies in
hospitals. Missouri Hospital Association v. Department of Consumer
Affairs, Regulation and Licensing. 731 S.W.2d 262 (Mo.App.).

(1987) This section does not give the Board of Pharmacy the authority or
jurisdiction to promulgate rules and regulations regarding in-hospital
dispensing of drugs. Missouri Hospital Association v. Missouri Department
of Consumer Affairs, Regulation and Licensing. 731 S.W.2d 262 (Mo.App.).

The board is hereby authorized and empowered, when examination
or inspection of a pharmacy shall disclose to the board that the pharmacy
is not being operated or conducted according to such legal rules and
regulations and the laws of Missouri with respect thereto, to cause a
complaint to be filed before the administrative hearing commission
pursuant to chapter 621, RSMo, charging the holder of a permit to operate
a pharmacy with conduct constituting grounds for discipline in accordance
with section 338.055. (L. 1971 S.B. 145, A.L. 2001 H.B. 567)

Any person denied a permit to establish or operate a pharmacy,
or renewal of such permit, may appeal the decision of the board of
pharmacy in the manner provided by law, and shall be notified of this
right at the time of denial. (L. 1951 p. 734 § 5, A.L. 1981 S.B. 16)

The permit, or renewal thereof, issued under the provisions of
sections 338.210 to 338.300, and under which a pharmacy is being
operated, shall be posted and exposed in a conspicuous place in such
pharmacy; such permit or renewal of permit shall not be transferable. (L.
1951 p. 734 § 3, A.L. 1981 S.B. 16)

Every person who violates any provision of sections 338.210 to
338.300 shall, upon conviction thereof, be adjudged guilty of a class C
misdemeanor. (L. 1951 p. 734 § 7, A.L. 1981 S.B. 16)

Nothing in sections 338.010 to 338.315 shall authorize the board
of pharmacy to conduct an inspection of a long-term care facility
licensed under the provisions of chapter 198, RSMo, by the Missouri
division of aging or its successors, except that the board of pharmacy
may inspect any licensed pharmacy located within a long-term care
facility. However, the provisions of sections 338.010 to 338.315 shall
apply to all individuals licensed as a pharmacist and practicing pharmacy
as defined in section 338.010. (L. 1990 H.B. 1287)

It shall be unlawful for any pharmacist, pharmacy owner or
person employed by a pharmacy to knowingly purchase or receive any legend
drugs from other than a licensed or registered drug distributor or
licensed pharmacy. Any person who violates the provisions of this section
shall, upon conviction, be adjudged guilty of a class A misdemeanor. Any
subsequent conviction shall constitute a class D felony. (L. 1989 S.B. 39)

As used in sections 338.300 to 338.370, the following terms mean:

(1) "Out-of-state wholesale drug distributor", a wholesale drug
distributor with no physical facilities located in the state;

(2) "Pharmacy distributor", any licensed pharmacy, as defined in section
338.210, engaged in the delivery or distribution of legend drugs to any
other licensed pharmacy where such delivery or distribution constitutes
at least five percent of the total gross sales of such pharmacy;

(3) "Wholesale drug distributor", anyone engaged in the delivery or
distribution of legend drugs from any location and who is involved in the
actual, constructive or attempted transfer of a drug or drug-related
device in this state, other than to the ultimate consumer. This shall
include, but not be limited to, drug wholesalers, repackagers and
manufacturers which are engaged in the delivery or distribution of drugs
in this state, with facilities located in this state or in any other
state or jurisdiction. A wholesale drug distributor shall not include any
common carrier or individual hired solely to transport legend drugs. Any
locations where drugs are delivered on a consignment basis, as defined by
the board, shall be exempt from licensure as a drug distributor, and
those standards of practice required of a drug distributor but shall be
open for inspection by board of pharmacy representatives as provided for
in section 338.360. (L. 1989 S.B. 39, A.L. 1993 S.B. 27, A.L. 1998 S.B.
940)

1. No person or distribution outlet shall act as a wholesale
drug distributor or pharmacy distributor without first obtaining license
to do so from the Missouri board of pharmacy and paying the required fee.
The board may grant temporary licenses when the wholesale drug
distributor or pharmacy distributor first applies for a license to
operate within the state. Temporary licenses shall remain valid until
such time as the board shall find that the applicant meets or fails to
meet the requirements for regular licensure. No license shall be issued
or renewed for a wholesale drug distributor or pharmacy distributor to
operate unless the same shall be operated in a manner prescribed by law
and according to the rules and regulations promulgated by the board of
pharmacy with respect thereto. Separate licenses shall be required for
each distribution site owned or operated by a wholesale drug distributor
or pharmacy distributor.

2. An agent or employee of any licensed or registered wholesale drug
distributor or pharmacy distributor need not seek licensure under this
section and may lawfully possess pharmaceutical drugs, if he is acting in
the usual course of his business or employment.

3. The board may permit out-of-state wholesale drug distributors or
out-of-state pharmacy distributors to be licensed as required by sections
338.210 to 338.370 on the basis of reciprocity to the extent that an
out-of-state wholesale drug distributor or out-of-state pharmacy
distributor both:

(1) Possesses a valid license granted by another state pursuant to legal
standards comparable to those which must be met by a wholesale drug
distributor or pharmacy distributor of this state as prerequisites for
obtaining a license under the laws of this state; and

(2) Distributes into Missouri from a state which would extend reciprocal
treatment under its own laws to a wholesale drug distributor or pharmacy
distributor of this state. (L. 1989 S.B. 39 § 338.340)

Separate licenses shall be required for each distribution site
owned or operated by a wholesale drug distributor or pharmacy distributor
unless drugs are delivered only on a consignment basis as defined by the
board. (L. 1998 S.B. 940)

It shall be unlawful for any out-of-state wholesale drug
distributor or out-of-state pharmacy acting as a distributor to do
business in this state without first obtaining a license to do so from
the board of pharmacy and paying the required fee. Application for an
out-of-state wholesale drug distributor's license under this section
shall be made on a form furnished by the board. The issuance of a license
under sections 338.330 to 338.370 shall not change or affect tax
liability imposed by the Missouri department of revenue on any
out-of-state wholesale drug distributor or out-of-state pharmacy. Any
out-of-state wholesale drug distributor that is a drug manufacturer and
which produces and distributes from a facility which has been inspected
and approved by the Food and Drug Administration within the last two
years and which is licensed by the state in which the distribution
facility is located need not be licensed as provided in this section but
such out-of-state distributor shall register its business name and
address with the board of pharmacy and pay a filing fee of ten dollars.
(L. 1989 S.B. 39 § 338.350)

No person acting as principal or agent for any out-of-state
wholesale drug distributor or out-of-state pharmacy distributor shall
sell or distribute drugs in this state unless the wholesale drug
distributor or pharmacy distributor has obtained a license pursuant to
the provisions of sections 338.330 to 338.370. (L. 1989 S.B. 39 § 338.360)

Any licensee licensed under the provisions of sections 338.330
to 338.340 must maintain required records to guarantee security, storage
and accountability. These records shall be available for inspection by
the board. (L. 1989 S.B. 39 § 338.370, A.L. 1993 S.B. 27)

Application blanks for renewal of license shall be mailed to
each licensee on or before the first day of the month in which the
license expires and, if application for renewal of license with required
fee is not made before the first day of the following month, the existing
license, or renewal thereof, shall lapse and become null and void upon
the last day of that month. (L. 1989 S.B. 39 § 338.380)

The Missouri board of pharmacy may make such rules and
regulations, not inconsistent with law, as may be necessary to carry out
the purposes and enforce the provisions of sections 338.330 to 338.370.
Such rules and regulations shall not be contrary to or more restrictive
than any laws or rules pertaining to practices which are regulated by the
federal Food and Drug Administration or the federal Drug Enforcement
Administration when the laws or rules specifically state what
requirements must be met for compliance. As used in this section, rules
of the federal government shall not include guidelines or policies that
may be enacted by federal agencies. No rule or portion of a rule
promulgated under the authority of this chapter shall become effective
unless it has been promulgated pursuant to the provisions of section
536.024, RSMo. (L. 1989 S.B. 39 § 338.390, A.L. 1993 S.B. 27 merged with
S.B. 52, A.L. 1995 S.B. 3)

1. The board of pharmacy is hereby authorized and empowered,
when complaints, examinations or inspection of a wholesale drug
distributor or pharmacy distributor disclose to the board that a
wholesale drug distributorship or pharmacy distributorship is not being
operated or conducted according to such legal rules and regulations and
the laws of Missouri or any other state or the federal government with
respect thereto, to cause a complaint to be filed before the
administrative hearing commission pursuant to chapter 621, RSMo, charging
the holder of a license to operate a drug distributorship or pharmacy
wholesale operation constituting grounds for discipline in accordance
with section 338.055.

2. If the board concludes that a wholesale drug distributor or pharmacy
distributor has committed an act or is engaging in a course of conduct
which constitutes a clear and present danger to the public health and
safety in Missouri, the board may file a complaint before the
administrative hearing commission requesting an expedited hearing and
specifying the activities which give rise to the danger and the nature of
the proposed restriction or suspension of the wholesale drug
distributor's or pharmacy distributor's license. Within fifteen days
after service of the complaint on a wholesale drug distributor or
pharmacy distributor, the administrative hearing commission shall conduct
a preliminary hearing to determine whether the alleged activities of the
wholesale drug distributor or pharmacy distributor appear to constitute a
clear and present danger to the public health and safety which justify
that the wholesale drug distributor's or pharmacy distributor's license
be immediately restricted or suspended. The burden of proving that a
wholesale drug distributor or pharmacy distributor is a clear and present
danger to the public health and safety shall be upon the state board of
pharmacy. The administrative hearing commission shall issue its decision
immediately after the hearing and shall either grant to the board the
authority to suspend or restrict the license or dismiss the action.

3. If the administrative hearing commission grants temporary authority to
the board to restrict or suspend the wholesale drug distributor's or
pharmacy distributor's license, such temporary authority of the board
shall become final authority if there is no request by the wholesale drug
distributor or pharmacy distributor for a full hearing within thirty days
of the preliminary hearing. The administrative hearing commission shall,
if requested by the wholesale drug distributor or pharmacy distributor
named in the complaint, set a date to hold a full hearing under the
provisions of chapter 621, RSMo, regarding the activities alleged in the
initial complaint filed by the board.

4. If the administrative hearing commission dismisses the action filed by
the board pursuant to subsection 2 of this section, such dismissal shall
not bar the board from initiating a subsequent action on the same
grounds. (L. 1989 S.B. 39 § 338.395, A.L. 2001 H.B. 567)

Any probation, restriction, suspension or revocation imposed on
a licensee by the board of pharmacy for violations of this chapter shall
be determined by the board upon a finding in favor of the board following
the hearing held pursuant to section 338.353. (L. 1989 S.B. 39 § 338.400)

Any person authorized by the board of pharmacy is hereby given
the right of entry for inspection during normal business hours upon all
open premises purporting or appearing to be used by a wholesale drug
distributor or pharmacy distributor in Missouri. Any wholesale drug
distributor who provides adequate documentation of the most recent
inspection less than two years old by the Food and Drug Administration or
other comparable state agency as determined by the board with a
satisfactory rating shall be exempt from further inspection by the board
of pharmacy. Such an exemption shall not bar the board of pharmacy from
initiating an investigation pursuant to a public or governmental
complaint received by the board of pharmacy regarding a wholesale drug
distributor not licensed by the Food and Drug Administration. (L. 1989
S.B. 39 § 338.410, A.L. 1993 S.B. 27)

1. Upon proper application by the board of pharmacy, a court of
competent jurisdiction may grant an injunction, restraining order or
other order as may be appropriate to enjoin a person from:

(1) Offering to engage or engaging in the performance of any acts or
practices for which a certificate of registration or authority, permit or
license is required by this chapter upon a showing that such acts or
practices were performed or offered to be performed without a certificate
of registration or authority, permit or license; or

(2) Engaging in any practice or business authorized by a certificate of
registration or authority, permit or license issued pursuant to this
chapter upon a showing that the holder presents a probability of serious
danger to the health, safety or welfare of any resident of the state or
client or patient.

2. Any such actions shall be commenced either in the county in which such
conduct occurred or in the county in which defendant resides.

3. Any action brought pursuant to this section shall be in addition and
not in lieu of any penalty provided by law and may be brought
concurrently with other actions to enforce this chapter. (L. 1989 S.B. 39
§ 338.415, A.L. 1997 S.B. 141)

Every person who violates any provision of sections 338.333,
338.337, and 338.340 shall, upon conviction thereof, be adjudged guilty
of a class C felony. (L. 1989 S.B. 39 § 338.420)

1. In addition to all other fees and taxes required or paid, a
tax is hereby imposed upon licensed retail pharmacies for the privilege
of providing outpatient prescription drugs in this state. The tax is
imposed upon the Missouri gross retail prescription receipts earned from
filling outpatient retail prescriptions.

2. For purposes of sections 338.500 to 338.550:

(1) "Gross retail prescription receipts" shall mean all amounts received
by a licensed pharmacy for its own account from the sale of outpatient
prescription drugs in the state of Missouri but shall not include those
sales shipped out of the state of Missouri and shall include the receipts
from cost sharing, dispensing fees, and retail prescription drug sales;

(2) "Licensed pharmacy" shall have the same meaning as such term is
defined in section 338.210;

(3) "Retail" means a sale for use or consumption and not for resale. (L.
2002 S.B. 1248)

Effective 6-19-02

Expires 6-30-06

1. Each licensed retail pharmacy's tax shall be based on a
formula set forth in rules promulgated by the department of social
services. Any rule or portion of a rule, as that term is defined in
section 536.010, RSMo, that is created under the authority delegated in
this section shall become effective only if it complies with and is
subject to all of the provisions of chapter 536, RSMo, and, if
applicable, section 536.028, RSMo. This section and chapter 536, RSMo,
are nonseverable and if any of the powers vested with the general
assembly pursuant to chapter 536, RSMo, to review, to delay the effective
date or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 2002, shall be invalid and void.

2. The director of the department of social services or the director's
designee may prescribe the form and contents of any forms or other
documents required by sections 338.500 to 338.550.

3. Notwithstanding any other provision of law to the contrary, appeals
regarding the promulgation of rules pursuant to this section shall be
made to the circuit court of Cole County. The circuit court of Cole
County shall hear the matter as the court of original jurisdiction. (L.
2002 S.B. 1248)

Effective 6-19-02

Expires 6-30-06

1. Each licensed retail pharmacy shall keep such records as may
be necessary to determine gross retail prescription receipts.

2. The director of revenue may prescribe the form and contents of any
forms or other documents required by this section.

3. Each licensed retail pharmacy shall report the gross retail
prescription receipts to the department of revenue.

4. The department of revenue shall provide the department of social
services with the information that is necessary to implement the
provisions of sections 338.500 to 338.550.

5. The information obtained by the department of social services from the
department of revenue shall be confidential and any employee of the
department of social services who unlawfully discloses any such
information for any other purpose, except as authorized by law, shall be
subject to the penalties specified in section 32.057, RSMo. (L. 2002 S.B.
1248)

Effective 6-19-02

Expires 6-30-06

The tax imposed by sections 338.500 to 338.550 shall become
effective July 1, 2003, or the effective date of sections 338.500 to
338.550, whichever is later. (L. 2002 S.B. 1248, A.L. 2003 H.B. 286)

Effective 6-26-03

Expires 6-30-06

1. The determination of the amount of tax due shall be the
monthly gross retail prescription receipts reported to the department of
revenue multiplied by the tax rate established by rule by the department
of social services. Such tax rate may be a graduated rate based on gross
retail prescription receipts and shall not exceed a rate of six percent
per annum of gross retail prescription receipts; provided, that such rate
shall not exceed one-tenth of one percent per annum in the case of
licensed pharmacies of which eighty percent or more of such gross
receipts are attributable to prescription drugs that are delivered
directly to the patient via common carrier, by mail, or a courier service.

2. The department of social services shall notify each licensed retail
pharmacy of the amount of tax due. Such amount may be paid in increments
over the balance of the assessment period.

3. The department of social services may adjust the tax rate quarterly on
a prospective basis. The department of social services may adjust more
frequently for individual providers if there is a substantial and
statistically significant change in their pharmacy sales characteristics.
The department of social services may define such adjustment criteria by
rule. (L. 2002 S.B. 1248, A.L. 2003 H.B. 286 merged with H.B. 600)

Effective 6-26-03 (H.B. 286)

7-01-03 (H.B. 600)

Expires 6-30-06

The director of the department of social services may offset the
tax owed by a pharmacy against any Missouri Medicaid payment due such
pharmacy, if the pharmacy requests such an offset. The amounts to be
offset shall result, so far as practicable, in withholding from the
pharmacy an amount substantially equal to the assessment due from the
pharmacy. The office of administration and the state treasurer may make
any fund transfers necessary to execute the offset. (L. 2002 S.B. 1248)

Effective 6-19-02

Expires 6-30-06

1. The pharmacy tax owed or, if an offset has been made, the
balance after such offset, if any, shall be remitted by the pharmacy to
the department of social services. The remittance shall be made payable
to the director of the department of revenue and shall be deposited in
the state treasury to the credit of the "Pharmacy Reimbursement Allowance
Fund" which is hereby created to provide payments for services related to
the Medicaid pharmacy program. All investment earnings of the fund shall
be credited to the fund.

2. An offset authorized by section 338.530 or a payment to the pharmacy
reimbursement allowance fund shall be accepted as payment of the
obligation set forth in section 338.500.

3. The state treasurer shall maintain records showing the amount of money
in the pharmacy reimbursement allowance fund at any time and the amount
of investment earnings on such amount.

4. Notwithstanding the provisions of section 33.080, RSMo, to the
contrary, any unexpended balance in the pharmacy reimbursement allowance
fund at the end of the biennium shall not revert to the credit of the
general revenue fund. (L. 2002 S.B. 1248)

Effective 6-19-02

Expires 6-30-06

1. The department of social services shall notify each pharmacy
with a tax due of more than ninety days of the amount of such balance. If
any pharmacy fails to pay its pharmacy tax within thirty days of such
notice, the pharmacy tax shall be delinquent.

2. If any tax imposed pursuant to sections 338.500 to 338.550 is unpaid
and delinquent, the department of social services may proceed to enforce
the state's lien against the property of the pharmacy and compel the
payment of such assessment in the circuit court having jurisdiction in
the county where the pharmacy is located. In addition, the department of
social services may cancel or refuse to issue, extend, or reinstate a
Medicaid provider agreement to any pharmacy that fails to pay the tax
imposed by section 338.500.

3. Failure to pay the tax imposed by section 338.500 shall be grounds for
denial, suspension, or revocation of a license granted pursuant to this
chapter. The department of social services may request the board of
pharmacy to deny, suspend, or revoke the license of any pharmacy that
fails to pay such tax. (L. 2002 S.B. 1248)

Effective 6-19-02

Expires 6-30-06

1. The pharmacy tax required by sections 338.500 to 338.550
shall expire ninety days after any one or more of the following
conditions are met:

(1) The aggregate dispensing fee as appropriated by the general assembly
paid to pharmacists per prescription is less than the fiscal year 2003
dispensing fees reimbursement amount; or

(2) The formula used to calculate the reimbursement as appropriated by
the general assembly for products dispensed by pharmacies is changed
resulting in lower reimbursement to the pharmacist in the aggregate than
provided in fiscal year 2003; or

(3) June 30, 2006.

The director of the department of social services shall notify the
revisor of statutes of the expiration date as provided in this
subsection. The provisions of sections 338.500 to 338.550 shall not apply
to pharmacies domiciled or headquartered outside this state which are
engaged in prescription drug sales that are delivered directly to
patients within this state via common carrier, mail or a carrier service.

2. Sections 338.500 to 338.550 shall expire on June 30, 2006. (L. 2002
S.B. 1248, A.L. 2003 H.B. 286 merged with H.B. 600, A.L. 2005 S.B. 189)

Effective 5-13-05

Expires 6-30-06

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