reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 337 - Psychologists — Professional Counselors — Social Workers › Section 337.1070 - Construction and severability.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 337
• Effective - 28 Aug 2023
337.1070. Construction and severability. —
1. This Compact and the Commission's rulemaking authority shall be liberally construed so as to effectuate the purposes, and the implementation and administration of the Compact. Provisions of the Compact expressly authorizing or requiring the promulgation of Rules shall not be construed to limit the Commission's rulemaking authority solely for those purposes.
2. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is held by a court of competent jurisdiction to be contrary to the constitution of any Member State, a State seeking participation in the Compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this Compact and the applicability thereof to any other government, agency, person or circumstance shall not be affected thereby.
3. Notwithstanding subsection 2 of this section, the Commission may deny a State's participation in the Compact or, in accordance with the requirements of subsection 2 of section 337.1060, terminate a Member State's participation in the Compact, if it determines that a constitutional requirement of a Member State is a material departure from the Compact. Otherwise, if this Compact shall be held to be contrary to the constitution of any Member State, the Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters.
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(L. 2023 S.B. 70 merged with S.B. 157)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 337 - Psychologists — Professional Counselors — Social Workers › Section 337.1075 - Consistent effect and conflict with other state laws.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 337
• Effective - 28 Aug 2023
337.1075. Consistent effect and conflict with other state laws. —
1. A Licensee providing services in a Remote State under a Multistate Authorization to Practice shall adhere to the laws and regulations, including laws, regulations, and applicable standards, of the Remote State where the client is located at the time care is rendered.
2. Nothing herein shall prevent or inhibit the enforcement of any other law of a Member State that is not inconsistent with the Compact.
3. Any laws, statutes, regulations, or other legal requirements in a Member State in conflict with the Compact are superseded to the extent of the conflict.
4. All permissible agreements between the Commission and the Member States are binding in accordance with their terms.
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(L. 2023 S.B. 70 merged with S.B. 157)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.012 - Medication therapy services, certain diseases, pharmacist may provide under statewide standing order — rulemaking authority.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2023
338.012. Medication therapy services, certain diseases, pharmacist may provide under statewide standing order — rulemaking authority. —
1. A pharmacist with a certificate of medication therapeutic plan authority may provide influenza, group A streptococcus, and COVID-19 medication therapy services pursuant to a statewide standing order issued by the director or chief medical officer of the department of health and senior services if that person is a licensed physician, or a licensed physician designated by the department of health and senior services.
2. The state board of registration for the healing arts, pursuant to section 334.125, and the state board of pharmacy, pursuant to section 338.140, shall jointly promulgate rules to implement the provisions of this section. 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, 2023, shall be invalid and void.
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(L. 2023 H.B. 115 & 99 merged with S.B. 45 & 90 merged with S.B. 157)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.015 - Patient's freedom of choice to obtain prescription services, waiver — consultation and advice.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2019, 2 histories
338.015. Patient's freedom of choice to obtain prescription services, waiver — consultation and advice. —
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 or to have an electronic prescription transmitted to the facility of their choice.
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(L. 1990 H.B. 1287, A.L. 2019 S.B. 514)
(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.).
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.020 - Application for license — requirements — examination — oath — penalty — military service, effect of.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2014
338.020. Application for license — requirements — examination — oath — penalty — military service, effect of. —
1. 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.
2. So long as the person involved does not represent or hold himself or herself out as a pharmacist licensed to practice in this state, a Missouri pharmacist license shall not be required for a legally qualified pharmacist serving in the Armed Forces of the United States or a legally qualified pharmacist employed by the government of the United States or any bureau, division, or agency thereof who is engaged in the practice of pharmacy while in the discharge of his or her official duties.
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(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, A.L. 2014 S.B. 808)
Prior revisions: 1929 § 13141; 1919 § 4713; 1909 § 5765
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.030 - Applicant — requirements for qualification.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2001
338.030. Applicant — requirements for qualification. —
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.
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(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
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.035 - Application, contents — intern pharmacist — board shall promulgate rules, procedure.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2020, 2 histories
338.035. Application, contents — intern pharmacist — board shall promulgate rules, procedure. —
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.
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; provided, however, that an intern pharmacist working at a remote dispensing site pharmacy may be remotely supervised by a pharmacist working at a supervising pharmacy as provided for in section 338.215.
5. The board of pharmacy shall promulgate rules and regulations which shall further regulate the duties 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.
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(L. 1990 H.B. 1287, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3, A.L. 2007 S.B. 272, A.L. 2020 H.B. 1682)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.040 - License issued without examination, when — reciprocity — equivalency examination — fees.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1990
338.040. License issued without examination, when — reciprocity — equivalency examination — fees. —
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.
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(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.
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.043 - Temporary license — eligibility — renewal.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2001
338.043. Temporary license — eligibility — renewal. —
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.
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(L. 1990 H.B. 1287, A.L. 1997 S.B. 141, A.L. 2001 H.B. 567)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.050 - Pharmacist license, issued when, period covered.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1981
338.050. Pharmacist license, issued when, period covered. —
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.
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(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
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.056 - Generic substitutions, when, requirements — violations, penalty.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2019, 4 histories
338.056. Generic substitutions, when, requirements — violations, penalty. —
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 or interchangeable biological product 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 or interchangeable biological product to be dispensed pursuant to this section shall assume the same responsibility for selecting the dispensed drug or biological product as would be incurred in filling a prescription for a drug or interchangeable biological product prescribed by generic or interchangeable biologic name. The pharmacist shall not select a drug or interchangeable biological 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 or biological product may select a less expensive generically equivalent or interchangeable biological product unless:
(1) The patient requests a brand name drug or biological product; or
(2) The prescribing practitioner indicates that substitution is prohibited or displays "brand medically necessary", "dispense as written", "do not substitute", "DAW", or words of similar import on the prescription.
3. No prescription shall be valid without the signature of the prescriber, except an electronic prescription.
4. 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 or interchangeable biological product may be substituted. The pharmacist shall note the instructions on the file copy of the prescription.
5. 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 or interchangeable biological product when substitution is allowed in accordance with the laws of the state where the prescribing practitioner is located.
6. Violations of this section are infractions.
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(L. 1978 H.B. 933, A.L. 1996 H.B. 1237, A.L. 2016 S.B. 875, A.L. 2018 S.B. 826, A.L. 2019 S.B. 514)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.059 - Prescriptions, how labeled.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2016, 2 histories
338.059. Prescriptions, how labeled. —
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 or biological product upon which is typed or written the following information:
(1) The date the prescription is filled;
(2) The sequential number or other unique identifier;
(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 or interchangeable biological 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 or biological product 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.
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(L. 1971 S.B. 145, A.L. 1973 S.B. 42, A.L. 1978 H.B. 933, A.L. 1997 S.B. 141, A.L. 2014 S.B. 754 merged with S.B. 808, A.L. 2016 S.B. 875)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.065 - Disciplinary hearings — grounds for discipline.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2004
338.065. Disciplinary hearings — grounds for discipline. —
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.
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(L. 1990 H.B. 1287, A.L. 1997 S.B. 141, A.L. 1999 H.B. 343, A.L. 2004 S.B. 1122)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.067 - Revocation and restoration of license — conditions.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1990
338.067. Revocation and restoration of license — conditions. —
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.
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(L. 1990 H.B. 1287)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.070 - Fees, amount, how set, collection, disposition — fund, created, use, funds transferred to general revenue, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1997
338.070. Fees, amount, how set, collection, disposition — fund, created, use, funds transferred to general revenue, when. —
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. 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 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.
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(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
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.075 - Adverse actions against licensee, notification to board of pharmacy, when — rulemaking authority.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2016
338.075. Adverse actions against licensee, notification to board of pharmacy, when — rulemaking authority. —
1. All licensees, registrants, and permit holders of the board of pharmacy shall report to the board of pharmacy:
(1) Any final adverse action taken by another licensing state, jurisdiction, or government agency against any license, permit, or authorization held by the person or entity to practice or operate as a pharmacist, intern pharmacist, pharmacy technician, pharmacy, drug distributor, drug manufacturer, or drug outsourcing facility. For purposes of this section,
"adverse action"
shall include, but is not limited to, revocation, suspension, censure, probation, disciplinary reprimand, or disciplinary restriction of a license, permit, or other authorization or a voluntary surrender of such license, permit, or other authorization in lieu of discipline or adverse action;
(2) Any surrender of a license or authorization to practice or operate as a pharmacist, intern pharmacist, pharmacy technician, pharmacy, drug distributor, drug manufacturer, or drug outsourcing facility while under disciplinary investigation by another licensing state, jurisdiction, or governmental agency; and
(3) Any exclusion to participate in any state or federally funded health care program such as Medicare, Medicaid, or MO HealthNet for fraud, abuse, or submission of any false or fraudulent claim, payment, or reimbursement request.
2. Reports shall be submitted as provided by the board of pharmacy by rule.
3. The board of pharmacy shall promulgate rules to implement the provisions of this section. 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, 2016, shall be invalid and void.
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(L. 2016 S.B. 865 & 866)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.080 - Display of license or renewal required.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1990
338.080. Display of license or renewal required. —
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.
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(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
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.090 - Sale of poisons — regulations.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1949
338.090. Sale of poisons — regulations. —
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.
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(RSMo 1939 § 10018, A. 1949 H.B. 2075)
Prior revisions: 1929 § 13152; 1919 § 4724; 1909 § 5776
CROSS REFERENCE:
Pesticides registration, 281.210 to 281.310
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.095 - Prescription, drug order, defined — telephone prescription, defined — prescription and medical information may be provided, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2007
338.095. Prescription, drug order, defined — telephone prescription, defined — prescription and medical information may be provided, when. —
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 to and for the ultimate user. The terms "prescription" and "drug order" do not include an order for medication requiring a prescription to be dispensed, 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 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.
5. It shall be an unauthorized practice of pharmacy and hence unlawful for any person other than the patient or the patient's authorized representative to accept a prescription presented to be dispensed unless that person is located on a premises licensed by the board as a pharmacy.
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(L. 1993 H.B. 564, A.L. 2007 S.B. 195)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.110 - Board of pharmacy, members, qualifications, terms.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1999
338.110. Board of pharmacy, members, qualifications, terms. —
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.
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(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
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.120 - Board of pharmacy — organization.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1997
338.120. Board of pharmacy — organization. —
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.
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(RSMo 1939 § 10011, A.L. 1981 S.B. 16, A.L. 1997 S.B. 141)
Prior revisions: 1929 § 13147; 1919 § 4719; 1909 § 5771
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.130 - Compensation of board members, personnel.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2018, 2 histories
338.130. Compensation of board members, personnel. —
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 11 of section 324.001, 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.
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(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, A.L. 2008 S.B. 788, A.L. 2018 S.B. 975 & 1024 Revision)
Prior revisions: 1929 § 13149; 1919 § 4721; 1909 § 5773
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.132 - Board of pharmacy, salary schedule for employees to be established.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2005
338.132. Board of pharmacy, salary schedule for employees to be established. —
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.
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(L. 2005 S.B. 177 § 1)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.140 - Board of pharmacy, powers, duties — advisory committee, appointment, duties — letters of reprimand, censure or warning.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2019, 2 histories
338.140. Board of pharmacy, powers, duties — advisory committee, appointment, duties — letters of reprimand, censure or warning. —
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 six 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, one of whom shall be a representative of drug manufacturers, and one of whom shall be a licensed veterinarian recommended to the board of pharmacy by the board of veterinary medicine. 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, drug manufacturers, and veterinary legend drugs 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. Alternatively, at the discretion of the board, the board may enter into a voluntary compliance agreement with a licensee, permit holder, or registrant to ensure or promote compliance with this chapter and the rules of the board, in lieu of board discipline. The agreement shall be a public record. The time limitation identified in section 324.043 for commencing a disciplinary proceeding shall be tolled while an agreement authorized by this section is in effect.
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(RSMo 1939 § 10012, A.L. 1981 S.B. 16, A.L. 1989 S.B. 39, A.L. 1997 S.B. 141, A.L. 2011 H.B. 412 merged with S.B. 325, A.L. 2019 S.B. 514)
Prior revisions: 1929 § 13148; 1919 § 4720; 1909 § 5772
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.142 - Drug take-back program, board authorized to expend, allocate, or award funds.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2017
338.142. Drug take-back program, board authorized to expend, allocate, or award funds. —
The Missouri board of pharmacy, in consultation with the Missouri department of health and senior services, shall be authorized to expend, allocate, or award funds appropriated to the board to private or public entities to develop a drug take-back program. Such program shall collect and dispose of Schedule II and III controlled substances, as described in section 195.017.
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(L. 2017 S.B. 501)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.143 - Technology assisted verification or remote medication dispensing, pilot or demonstration research project authorized — definitions — requirements — expiration date — report.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2019
338.143. Technology assisted verification or remote medication dispensing, pilot or demonstration research project authorized — definitions — requirements — expiration date — report. —
1. For purposes of this section, the following terms shall mean:
(1)
"Remote medication dispensing"
, dispensing or assisting in the dispensing of medication outside of a licensed pharmacy;
(2)
"Technology assisted verification"
, the verification of medication or prescription information using a combination of scanning technology and visual confirmation by a pharmacist.
2. The board of pharmacy may approve, modify, and establish requirements for pharmacy pilot or demonstration research projects related to technology assisted verification or remote medication dispensing that are designed to enhance patient care or safety, improve patient outcomes, or expand access to pharmacy services.
3. To be approved, pilot or research projects shall be within the scope of the practice of pharmacy as defined by chapter 338, be under the supervision of a Missouri licensed pharmacist, and comply with applicable compliance and reporting as established by the board by rule, including any staff training or education requirements. Board approval shall be limited to a period of up to eighteen months, provided the board grant an additional six-month extension if deemed necessary or appropriate to gather or complete research data or if deemed in the best interests of the patient. The board may rescind approval of a pilot project at any time if deemed necessary or appropriate in the interest of patient safety.
*
4. The provisions of this subsection shall expire on August 28, 2023. The board shall provide a final report on approved projects and related data or findings to the general assembly on or before December 31, 2022. The name, location, approval dates, general description of and responsible pharmacist for an approved pilot or research project shall be deemed an open record.
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(L. 2019 S.B. 514)
*Subsection 4 expires 8-28-23.
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.145 - Board president may administer oaths and issue subpoenas — enforcement of subpoenas.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2004
338.145. Board president may administer oaths and issue subpoenas — enforcement of subpoenas. —
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.
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(L. 2004 S.B. 1122)