reglab/housing_qa huggingface dataset:
MO Rev Stat § 338.350 (2021)
2021 Missouri Revised Statutes|Title XXII - Occupations and Professions|Chapter 338 - Pharmacists and Pharmacies|Section 338.350 - Board of pharmacy to promulgate rules and regulations — procedure.

Effective - 28 Aug 1995   338.350. Board of pharmacy to promulgate rules and regulations — procedure. — 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. ­­-------- (L. 1989 S.B. 39 § 338.390, A.L. 1993 S.B. 27 merged with S.B. 52, A.L. 1995 S.B. 3)
MO Rev Stat § 338.357 (2021)
2021 Missouri Revised Statutes|Title XXII - Occupations and Professions|Chapter 338 - Pharmacists and Pharmacies|Section 338.357 - Sanction imposed by board, when.

Effective - 28 Aug 1989   338.357. Sanction imposed by board, when. — 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)
MO Rev Stat § 338.360 (2021)
2021 Missouri Revised Statutes|Title XXII - Occupations and Professions|Chapter 338 - Pharmacists and Pharmacies|Section 338.360 - Inspection of premises allowed, when.

Effective - 28 Aug 1993   338.360. Inspection of premises allowed, when. — 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)
MO Rev Stat § 338.365 (2021)
2021 Missouri Revised Statutes|Title XXII - Occupations and Professions|Chapter 338 - Pharmacists and Pharmacies|Section 338.365 - Injunction may be issued, when, procedure.

Effective - 28 Aug 1997   338.365. Injunction may be issued, when, procedure. — 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)
MO Rev Stat § 338.370 (2021)
2021 Missouri Revised Statutes|Title XXII - Occupations and Professions|Chapter 338 - Pharmacists and Pharmacies|Section 338.370 - Penalties.

Effective - 01 Jan 2017, 2 histories   338.370. Penalties. — 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 D felony. ­­-------- (L. 1989 S.B. 39 § 338.420, A.L. 2014 S.B. 491)  Effective 1-01-17
MO Rev Stat § 338.500 (2021)
2021 Missouri Revised Statutes|Title XXII - Occupations and Professions|Chapter 338 - Pharmacists and Pharmacies|Section 338.500 - Gross retail prescriptions, tax imposed, definitions.

Effective - 19 Jun 2002   338.500. Gross retail prescriptions, tax imposed, definitions. — 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 9-30-24
MO Rev Stat § 338.505 (2021)
2021 Missouri Revised Statutes|Title XXII - Occupations and Professions|Chapter 338 - Pharmacists and Pharmacies|Section 338.505 - Formula for tax liability, rulemaking authority, appeals procedure.

Effective - 19 Jun 2002   338.505. Formula for tax liability, rulemaking authority, appeals procedure. — 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, 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 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 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 9-30-24
MO Rev Stat § 338.510 (2021)
2021 Missouri Revised Statutes|Title XXII - Occupations and Professions|Chapter 338 - Pharmacists and Pharmacies|Section 338.510 - Records to be maintained, form — report of gross receipts, information — confidentiality of information.

Effective - 19 Jun 2002   338.510. Records to be maintained, form — report of gross receipts, information — confidentiality of information. — 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. ­­-------- (L. 2002 S.B. 1248)  Effective 6-19-02  Expires 9-30-24
MO Rev Stat § 338.515 (2021)
2021 Missouri Revised Statutes|Title XXII - Occupations and Professions|Chapter 338 - Pharmacists and Pharmacies|Section 338.515 - Effective date of tax.

Effective - 26 Jun 2003   338.515. Effective date of tax. — 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 9-30-24
MO Rev Stat § 338.520 (2021)
2021 Missouri Revised Statutes|Title XXII - Occupations and Professions|Chapter 338 - Pharmacists and Pharmacies|Section 338.520 - Calculation of tax liability — notification to pharmacies — quarterly adjustment authorized.

Effective - 01 Jul 2003   338.520. Calculation of tax liability — notification to pharmacies — quarterly adjustment authorized. — 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 9-30-24
MO Rev Stat § 338.530 (2021)
2021 Missouri Revised Statutes|Title XXII - Occupations and Professions|Chapter 338 - Pharmacists and Pharmacies|Section 338.530 - Offset against Medicaid payments due by pharmacy permitted, when.

Effective - 19 Jun 2002   338.530. Offset against Medicaid payments due by pharmacy permitted, when. — 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 9-30-24
MO Rev Stat § 338.535 (2021)
2021 Missouri Revised Statutes|Title XXII - Occupations and Professions|Chapter 338 - Pharmacists and Pharmacies|Section 338.535 - Remittance to department — pharmacy reimbursement allowance fund created.

Effective - 26 Jun 2009   338.535. Remittance to department — pharmacy reimbursement allowance fund created. — 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 or the pharmacy's designee 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 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, A.L. 2009 H.B. 395 merged with H.B. 740)  Effective 6-26-09 (H.B. 740); 7-10-09 (H.B. 395)  Expires 9-30-24
MO Rev Stat § 338.540 (2021)
2021 Missouri Revised Statutes|Title XXII - Occupations and Professions|Chapter 338 - Pharmacists and Pharmacies|Section 338.540 - Notice requirements — unpaid or delinquent taxes, procedure for collection — failure to pay taxes, effect of.

Effective - 19 Jun 2002   338.540. Notice requirements — unpaid or delinquent taxes, procedure for collection — failure to pay taxes, effect of. — 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 9-30-24
MO Rev Stat § 338.550 (2021)
2021 Missouri Revised Statutes|Title XXII - Occupations and Professions|Chapter 338 - Pharmacists and Pharmacies|Section 338.550 - Expiration date of tax, when.

Effective - 28 Sep 2021, 8 histories   338.550. Expiration date of tax, when. — 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) September 30, 2024. ­­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 September 30, 2024. ­­-------- (L. 2002 S.B. 1248, A.L. 2003 H.B. 286 merged with H.B. 600, A.L. 2005 S.B. 189, A.L. 2006 S.B. 822, A.L. 2007 S.B. 4, A.L. 2009 H.B. 395 merged with H.B. 740, A.L. 2011 S.B. 62, A.L. 2015 S.B. 210, A.L. 2016 H.B. 1534, A.L. 2018 S.B. 775, A.L. 2019 S.B. 29, A.L. 2020 H.B. 2456, A.L. 2021 1st Ex. Sess. S.B. 1)  Effective 9-28-21 Expires 9-30-24
MO Rev Stat § 338.650 (2021)
2021 Missouri Revised Statutes|Title XXII - Occupations and Professions|Chapter 338 - Pharmacists and Pharmacies|Section 338.650 - Fund established, use of moneys.

Effective - 28 Aug 2008   338.650. Fund established, use of moneys. — There is hereby established in the state treasury the "Pharmacy Rebates Fund". Any revenues received by the state, either directly or indirectly, from pharmaceutical manufacturer rebates as required by federal law, except where federal law requires rebates to be accounted for otherwise, or state supplemental rebates as defined in state plan amendments shall be deposited into the pharmacy rebates fund and shall be used only in the MO HealthNet pharmacy program or its successor programs authorized under Title XIX, Public Law 89-97, 1965 amendments to the federal Social Security Act, 42 U.S.C. Section 301, et seq. ­­-------- (L. 2008 S.B. 1068)
MO Rev Stat § 338.665 (2021)
2021 Missouri Revised Statutes|Title XXII - Occupations and Professions|Chapter 338 - Pharmacists and Pharmacies|Section 338.665 - Nicotine replacement therapy product, defined — prescribing and dispensing, rulemaking authority.

Effective - 28 Aug 2019   338.665. Nicotine replacement therapy product, defined — prescribing and dispensing, rulemaking authority. — 1. For the purposes of this chapter, "nicotine replacement therapy product" means any drug or product, regardless of whether it is available over-the-counter, that delivers small doses of nicotine to a person and that is approved by the federal Food and Drug Administration for the sole purpose of aiding in tobacco cessation or smoking cessation.  2. The board of pharmacy and the board of healing arts shall jointly promulgate rules governing a pharmacist's authority to prescribe and dispense nicotine replacement therapy products. Neither board shall separately promulgate rules governing a pharmacist's authority to prescribe and dispense nicotine replacement therapy products under this subsection.  3. Nothing in this section shall be construed to require third-party payment for services described in this section.  4. Any rule or portion of a rule, as that term is defined in section 536.010, 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 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 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, 2019, shall be invalid and void. ­­-------- (L. 2019 S.B. 514)
MO Rev Stat § 338.700 (2021)
2021 Missouri Revised Statutes|Title XXII - Occupations and Professions|Chapter 338 - Pharmacists and Pharmacies|Section 338.700 - Definitions.

Effective - 28 Aug 2017   338.700. Definitions. — As used in sections 338.700 to 338.710, the following terms shall mean:  (1) "Board", the Missouri board of pharmacy;  (2) "Department", the Missouri department of health and senior services;  (3) "Program", the RX cares for Missouri program. ­­-------- (L. 2017 S.B. 139)
MO Rev Stat § 338.710 (2021)
2021 Missouri Revised Statutes|Title XXII - Occupations and Professions|Chapter 338 - Pharmacists and Pharmacies|Section 338.710 - Program created, goal — authority of board — evaluation report — expiration date.

Effective - 28 Aug 2021, 2 histories   338.710. Program created, goal — authority of board — evaluation report — expiration date. — 1. There is hereby created in the Missouri board of pharmacy the "RX Cares for Missouri Program". The goal of the program shall be to promote medication safety and to prevent prescription drug abuse, misuse, and diversion in Missouri.  2. The board, in consultation with the department, shall be authorized to expend, allocate, or award funds appropriated to the board to private or public entities to develop or provide programs or education to promote medication safety or to suppress or prevent prescription drug abuse, misuse, and diversion in the state of Missouri. In no case shall the authorization include, nor the funds be expended for, any state prescription drug monitoring program including, but not limited to, such as are defined in 38 CFR 1.515. Funds disbursed to a state agency under this section may enhance, but shall not supplant, funds otherwise appropriated to such state agency.  3. The board shall be the administrative agency responsible for implementing the program in consultation with the department. The board and the department may enter into interagency agreements between themselves to allow the department to assist in the management or operation of the program. The board may award funds directly to the department to implement, manage, develop, or provide programs or education pursuant to the program.  *4. After a full year of program operation, the board shall prepare and submit an evaluation report to the governor and the general assembly describing the operation of the program and the funds allocated. Unless otherwise authorized by the general assembly, the program shall expire on August 28, 2026. ­­-------- (L. 2017 S.B. 139, A.L. 2021 H.B. 476 merged with S.B. 63)   *Program expires 8-28-26