reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.505 - Formula for tax liability, rulemaking authority, appeals procedure.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 19 Jun 2002, see footnote
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.
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(L. 2002 S.B. 1248)
Effective 6-19-02
Expires 9-30-24
2023 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.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 19 Jun 2002, see footnote
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.
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(L. 2002 S.B. 1248)
Effective 6-19-02
Expires 9-30-24
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.515 - Effective date of tax.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 26 Jun 2003, 2 histories, see footnote
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.
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(L. 2002 S.B. 1248, A.L. 2003 H.B. 286)
Effective 6-26-03
Expires 9-30-24
2023 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.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 01 Jul 2003, 2 histories, see footnote
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.
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(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
2023 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.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 19 Jun 2002, see footnote
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.
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(L. 2002 S.B. 1248)
Effective 6-19-02
Expires 9-30-24
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.535 - Remittance to department — pharmacy reimbursement allowance fund created.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 26 Jun 2009, 2 histories, see footnote
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.
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(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
2023 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.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 19 Jun 2002, see footnote
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.
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(L. 2002 S.B. 1248)
Effective 6-19-02
Expires 9-30-24
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.550 - Expiration date of tax, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Sep 2021, 13 histories, see footnote
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.
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(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
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.650 - Fund established, use of moneys.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
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.
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(L. 2008 S.B. 1068)
2023 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.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• 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.
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(L. 2019 S.B. 514)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.700 - Definitions.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• 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.
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(L. 2017 S.B. 139)
2023 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.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• 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.
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(L. 2017 S.B. 139, A.L. 2021 H.B. 476 merged with S.B. 63)
*Program expires 8-28-26
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.730 - HIV postexposure prophylaxis, dispensing of, requirements — definitions — rulemaking authority.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2021
338.730. HIV postexposure prophylaxis, dispensing of, requirements — definitions — rulemaking authority. —
1. Notwithstanding any other law to the contrary, a pharmacist may dispense HIV postexposure prophylaxis in accordance with this section. Such prophylaxis shall be dispensed only if the pharmacist follows a written protocol authorized by a licensed physician.
2. For purposes of this section,
"postexposure prophylaxis"
shall mean any drug approved by the Food and Drug Administration that meets the same clinical eligibility recommendations provided in CDC guidelines.
3. For purposes of this section,
"CDC guidelines"
shall mean the current HIV guidelines published by the federal Centers for Disease Control and Prevention.
4. The state board of registration for the healing arts and the state board of pharmacy shall jointly promulgate rules and regulations for the administration of this section. Neither board shall separately promulgate rules governing a pharmacist's authority to dispense HIV postexposure prophylaxis under this section.
5. 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, 2021, shall be invalid and void.
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(L. 2021 H.B. 273 merged with H.B. 476)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 339 - Real Estate Agents, Brokers, Appraisers and Escrow Agents › Section 339.020 - Brokers and salespersons, unlawful to act without license.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 339
• Effective - 28 Aug 2010, 2 histories
339.020. Brokers and salespersons, unlawful to act without license. —
It shall be unlawful for any person, partnership, limited partnership, limited liability company, association, professional corporation, or corporation, foreign or domestic, to act as a real estate broker, real estate broker-salesperson, or real estate salesperson, or to advertise or assume to act as such without a license first procured from the commission.
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(L. 1941 p. 424 § 1, A.L. 1993 S.B. 18, A.L. 2004 H.B. 985, A.L. 2010 H.B. 1692, et al. merged with S.B. 754)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 339 - Real Estate Agents, Brokers, Appraisers and Escrow Agents › Section 339.030 - Business entities may be licensed, when, fee.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 339
• Effective - 28 Aug 2010, 2 histories
339.030. Business entities may be licensed, when, fee. —
A corporation, partnership, limited partnership, limited liability company, professional corporation, or association shall be granted a broker's, broker-salesperson's, or salesperson's license when the required fee is paid and:
(1) For a real estate broker individual licenses have been issued to every member, general partner, associate, manager, member, or officer of such partnership, limited partnership, limited liability company, association, professional corporation, or corporation who actively participates in its brokerage business and to every person, partnership, limited partnership, limited liability company, professional corporation, or corporation who acts as a salesperson for such partnership, limited partnership, limited liability company, association, professional corporation, or corporation; or
(2) For a real estate broker-salesperson when an individual broker-salesperson license has been issued to every general partner, associate, manager, member, or officer
*
of such partnership, limited partnership, limited liability company, association, professional corporation, or corporation who acts as a broker-salesperson, and individual salesperson licenses have been issued to all general partners, associates, managers, members, or officers of such partnership, limited partnership, limited liability company, association, professional corporation, or corporation who act as a salesperson; or
(3) For a real estate salesperson when individual salesperson licenses have been issued to all general partners, associates, managers, members, or officers of such partnership, limited partnership, limited liability company, association, professional corporation, or corporation who act as a salesperson.
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(L. 1941 p. 424 § 2, A.L. 1981 S.B. 16, A.L. 1993 S.B. 18, A.L. 2004 H.B. 985, A.L. 2010 H.B. 1692, et al. merged with S.B. 754)
*Word "officers" appears in original rolls of S.B. 754.
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 339 - Real Estate Agents, Brokers, Appraisers and Escrow Agents › Section 339.045 - Real estate schools — accreditation — registration — fee, how determined.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 339
• Effective - 01 Jul 1984, see footnote
339.045. Real estate schools — accreditation — registration — fee, how determined. —
1. An institution or organization desiring to conduct a school or offer a course of instruction to prepare persons to be licensed under this chapter, or to offer post-licensure courses, shall apply to the commission for accreditation, and shall submit evidence that it is prepared to carry out a prescribed minimum curriculum in real estate principles and practices and can meet other standards established by the commission. An investigation of the school and of the institution or organization with which such school is affiliated shall be made by the executive secretary or other authorized representative of the commission, who shall submit a written report of the investigation to the commission. If, in the opinion of the commission, the requirements for an accredited school for instruction in real estate principles and practices are met, the commission shall approve the school as an accredited real estate school upon payment of a fee in an amount to be set by the commission. All schools so accredited shall register at required intervals on a form provided and pay the required registration fee fixed by the commission.
2. The commission shall prescribe minimum curricula and standards for accreditation of real estate schools, courses of instruction preparing persons to be licensed under this chapter and courses offered for post-licensure credit.
3. From time to time as deemed necessary by the commission it shall be the duty of the commission through its executive secretary or other authorized representative to survey all accredited real estate schools operated in this state. If the commission determines that any accredited real estate school is not maintaining the standards required by the commission, notices thereof in writing specifying the defect or defects shall be given immediately to the school. The commission may file a complaint with the administrative hearing commission if a school fails to correct these conditions to the satisfaction of the commission within thirty days, or such longer period as may be authorized in writing by the commission. The hearing and any subsequent suspension or revocation of accreditation shall be governed by chapter 621.
4. No member of the commission, nor any relative within the fourth degree of consanguinity or affinity, nor any member or employee of the commissioner's firm or business entity, shall have any economic interest in, receive remuneration from, or teach or solicit customers for any real estate school or courses of instruction as heretofore described in this chapter.
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(L. 1978 S.B. 811, A.L. 1981 S.B. 16, A.L. 1983 H.B. 100)
Effective 7-01-84
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 339 - Real Estate Agents, Brokers, Appraisers and Escrow Agents › Section 339.050 - Form of application.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 339
• Effective - 28 Aug 1981
339.050. Form of application. —
Applications for licenses shall be in writing, on blanks furnished by the commission, accompanied by such information and recommendations as it may require. 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.
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(L. 1941 p. 424 § 8, A.L. 1981 S.B. 16)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 339 - Real Estate Agents, Brokers, Appraisers and Escrow Agents › Section 339.060 - Fees, amount, set how — term of licenses.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 339
• Effective - 28 Aug 2004
339.060. Fees, amount, set how — term of licenses. —
1. The commission shall set the amount of the fees which sections 339.010 to 339.180 and sections 339.710 to 339.860 authorize and require by rules and regulations promulgated pursuant to section 536.021. The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering sections 339.010 to 339.180 and sections 339.710 to 339.860.
2. Every license granted under sections 339.010 to 339.180 and sections 339.710 to 339.860 shall be renewed each licensing period and the commission shall issue a new license upon receipt of the properly completed application of the applicant and the required renewal fee.
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(L. 1941 p. 424 § 9, A.L. 1947 V. I p. 471, A.L. 1967 p. 444, A.L. 1978 S.B. 547, A.L. 1981 S.B. 16, A.L. 1993 S.B. 18, A.L. 2004 H.B. 985)
(1971) The Missouri State Real Estate Commission is without statutory authority to conduct an evidentiary hearing into the qualifications of real estate brokers or salesmen for renewal of their licenses, and can take disciplinary action only after hearing and findings of fact and conclusions of law by the administrative hearing commission. State ex rel. American Inst. Mktg. Sys. v. Missouri Real Estate Comm. (A.), 461 S.W.2d 902.
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 339 - Real Estate Agents, Brokers, Appraisers and Escrow Agents › Section 339.070 - Fees, collection and disposition — fund, source, use, transferred to general revenue, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 339
• Effective - 28 Aug 1985
339.070. Fees, collection and disposition — fund, source, use, transferred to general revenue, when. —
1. All fees and charges payable under 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 "Real Estate Commission Fund". No money shall be paid out of this fund except by an appropriation by the general assembly. Warrants shall be issued monthly, upon the state treasurer out of this fund only, for the payment of the salaries and all necessary expenses of the commission. Vouchers for salaries and expenses shall be first approved by the commission. The total expense for every purpose incurred by the commission shall not exceed the total fees and charges collected and paid into the state treasury.
2. 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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(L. 1941 p. 424 § 6, A.L. 1947 V. I p. 471, A.L. 1981 S.B. 16, A.L. 1985 S.B. 99)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 339 - Real Estate Agents, Brokers, Appraisers and Escrow Agents › Section 339.080 - Denial of application or license, when, notice — hearing.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 339
• Effective - 28 Aug 2010
339.080. Denial of application or license, when, notice — hearing. —
1. The commission may refuse to examine or issue a license to any person known by it to be guilty of any of the acts or practices specified in subsection 2 of section 339.100, or to any person previously licensed whose license has been revoked, or may refuse to issue a license to any association, partnership, corporation, professional corporation, limited partnership, or limited liability company of which such person is a manager, officer or general partner, or in which as a member, partner or associate
*
such person has or exercises a controlling interest either directly or indirectly, or to any corporation of which such person is an officer or in which as a stockholder such person has or exercises a controlling interest either directly or indirectly.
2. Any person denied a license or the right to be examined shall be so notified by the commission in writing stating the reasons for denial or refusal to examine and informing the person so denied of his right to file a complaint with the administrative hearing commission in accordance with the applicable provisions of sections 621.015 to 621.198 and the rules promulgated thereunder. All notices hereunder shall be sent by registered or certified mail to the last known address of the applicant.
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(L. 1941 p. 424 § 11, A.L. 1978 S.B. 811, A.L. 1993 S.B. 18, A.L. 2010 H.B. 1692, et al. merged with S.B. 754)
*Word "associates" appears in original rolls of S.B. 754, 2010.
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 339 - Real Estate Agents, Brokers, Appraisers and Escrow Agents › Section 339.090 - License of nonresident — fee — reciprocity — rulemaking authority.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 339
• Effective - 28 Aug 2001
339.090. License of nonresident — fee — reciprocity — rulemaking authority. —
The commission may prescribe necessary rules and regulations pursuant to chapter 536 to provide for the licensure of nonresidents. Such rules shall require the nonresident to pay a fee and may provide for licensure without examination if such reciprocity is extended to Missouri residents. 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, 2001, shall be invalid and void.
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(L. 1941 p. 424 § 12, A.L. 1978 S.B. 547, A.L. 2001 H.B. 567)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 339 - Real Estate Agents, Brokers, Appraisers and Escrow Agents › Section 339.110 - Refusal of licenses, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 339
• Effective - 28 Aug 2010
339.110. Refusal of licenses, when. —
The commission may refuse to issue a license to any person who is known by it to have been found guilty of forgery, embezzlement, obtaining money under false pretenses, extortion, criminal conspiracy to defraud, or other like offense, or to any association, partnership, corporation, professional corporation, limited partnership, or limited liability company of which such person is a manager, officer or general partner, or in which as a member, partner or associate such person has or exercises a controlling interest either directly or indirectly, or to any corporation of which such person is an officer or in which as a stockholder such person has or exercises a controlling interest either directly or indirectly.
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(L. 1941 p. 424 § 14, A.L. 1978 S.B. 811, A.L. 1993 S.B. 18, A.L. 2010 H.B. 1692, et al. merged with S.B. 754)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 339 - Real Estate Agents, Brokers, Appraisers and Escrow Agents › Section 339.125 - Rulemaking procedure.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 339
• Effective - 28 Aug 1995
339.125. Rulemaking procedure. —
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. 1993 S.B. 18, A.L. 1995 S.B. 3)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 339 - Real Estate Agents, Brokers, Appraisers and Escrow Agents › Section 339.130 - Legal status of commission.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 339
• Effective - 28 Aug 2004
339.130. Legal status of commission. —
The commission may sue and be sued in its official name, and shall have a seal which shall be affixed to certified copies of records and papers on file, and to such other instruments as the commission may direct, and all courts shall take judicial notice of such seal. Copies of records and proceedings of the commission, and of all papers on file in its office, certified under the said seal shall be received as evidence in all courts of record. The office of the commission shall be at Jefferson City.
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(L. 1941 p. 424 § 5, A.L. 2004 H.B. 985)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 339 - Real Estate Agents, Brokers, Appraisers and Escrow Agents › Section 339.160 - Real estate brokers and salespersons may not bring legal action for compensation unless licensed.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 339
• Effective - 28 Aug 2010, 2 histories
339.160. Real estate brokers and salespersons may not bring legal action for compensation unless licensed. —
No person, partnership, limited partnership, limited liability company, professional corporations, corporation or association engaged within this state in the business or acting in the capacity of a real estate broker, real estate broker-salesperson or real estate salesperson shall bring or maintain an action in any court in this state for the recovery of compensation for services rendered in the buying, selling, exchanging, leasing, renting or negotiating a loan upon any real estate without alleging and proving that such person, partnership, limited partnership, limited liability company, professional corporation, corporation or association, or its member, manager, officer, general partner or associate, as applicable, was a licensed real estate broker, broker-salesperson or salesperson at the time when the alleged cause of action arose.
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(L. 1941 p. 424 § 16, A.L. 1993 S.B. 18, A.L. 2004 H.B. 985, A.L. 2010 H.B. 1692, et al. merged with S.B. 754)
(1959) Contract to sell earth to be removed from land did not involve title or interest in land and was therefore not subject to this law. Law v. Taylor (A.), 330 S.W.2d 170.
(1967) Purpose of legislature in closing courts to unlicensed brokers was to establish strong policy so that neither a contract nor lawful efforts could provide pecuniary benefits to such broker. Miller Nationwide Real Estate Corporation v. Sikeston Motel Corporation (Mo.), 418 S.W.2d 173.
(1971) In action by plaintiff's real estate association to recover a commission trial court properly overruled defendant's motion for judgment and sustained its motion for new trial only on issue as to whether plaintiff was licensed since although plaintiff failed to allege and prove plaintiff was licensed real estate broker, there was evidence in the record from which it could be inferred that plaintiff would be able to present essential evidence that it was licensed. Reed Schmidt and Assoc. v. Carafoil Furniture Co. (A.), 469 S.W.2d 876.
(1977) Held that a person who neither advertised nor held himself out as a real estate broker or salesman was entitled to payment under an agreement between himself and a real estate company whereby he was to receive payment for bringing buyer to real estate company. White v. Miriam Realty Co. (A.), 547 S.W.2d 184.
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 339 - Real Estate Agents, Brokers, Appraisers and Escrow Agents › Section 339.170 - Penalty for violation.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 339
• Effective - 28 Aug 2010, 2 histories
339.170. Penalty for violation. —
Any person or corporation, professional corporation, partnership, limited partnership, limited liability company or association knowingly violating any provision of sections 339.010 to 339.180 and sections 339.710 to 339.860
*
shall be guilty of a class B misdemeanor. Any officer or agent of a corporation, or any member, manager, officer, associate, general partner or agent of a partnership, association, corporation, professional corporation, limited partnership, or limited liability company who actively participate in such entity's brokerage business, who shall knowingly and personally participate in or be an accessory to any violation of sections 339.010 to 339.180 and sections 339.710 to 339.860
*
, shall be guilty of a class B misdemeanor. This section shall not be construed to release any person from civil liability or criminal prosecution under any other law of this state. The commission may cause complaint to be filed for violation of section 339.020 in any court of competent jurisdiction, and perform such other acts as may be necessary to enforce the provisions hereof.
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(L. 1941 p. 424 § 17, A.L. 1981 S.B. 16, A.L. 1993 S.B. 18, A.L. 2004 H.B. 985, A.L. 2010 H.B. 1692, et al. merged with S.B. 754)
*Section 339.860 was repealed by S.B. 613 Revision, 2007.
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 339 - Real Estate Agents, Brokers, Appraisers and Escrow Agents › Section 339.175 - Mortgage fraud, commission may file court action — civil penalty — investigation authority.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 339
• Effective - 28 Aug 2008
339.175. Mortgage fraud, commission may file court action — civil penalty — investigation authority. —
1. If the commission believes that a real estate broker or real estate sales person has engaged in, is engaging in, or has willfully taken a substantial step toward engaging in an act, practice, omission, or course of business constituting mortgage fraud, as defined in section 443.930, or that a person has materially aided or is materially aiding any such act, practice, omission, course of business, the commission may maintain an action in the circuit court of any county of the state or any city not within a county to enjoin the person. Upon a proper showing, the court may issue a permanent or temporary injunction, restraining order, or declaratory judgment.
2. The court may impose a civil penalty against the person not to exceed two thousand five hundred dollars for each violation and may grant any other relief the court determines is just and proper under the circumstances including, but not limited to, a temporary suspension of any license issued by the commission.
3. The commission may initiate an investigation and take all measures necessary to find the facts of any potential violation of this section, including issuing subpoenas to compel the attendance and testimony of witnesses and the production of documents and other evidence. The commission may conduct joint investigations, enter into confidentiality agreements and share information obtained relating to an investigation under this section with other governmental agencies.
4. The enforcement authority of the commission under this section is cumulative to any other statutory authority of the commission.
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(L. 2008 H.B. 2188)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 339 - Real Estate Agents, Brokers, Appraisers and Escrow Agents › Section 339.180 - Practice without a license — endangering welfare of others — injunction, procedure.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 339
• Effective - 28 Aug 2004
339.180. Practice without a license — endangering welfare of others — injunction, procedure. —
1. It shall be unlawful for any person or entity not licensed under this chapter to perform any act for which a real estate license is required. Upon application by the commission, and the necessary burden having been met, a court of general jurisdiction may grant an injunction, restraining order or other order as may be appropriate to enjoin a person or entity from:
(1) Offering to engage or engaging in the performance of any acts or practices for which a 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 permit or license; or
(2) Engaging in any practice or business authorized by a permit or license issued pursuant to this chapter upon a showing that the holder presents a substantial probability of serious danger to the health, safety or welfare of any person with, or who is considering obtaining, a legal interest in real property in this state.
2. Any such action shall be commenced either in the county in which such conduct occurred or in the county in which the defendant resides.
3. Any action brought under this section shall be in addition to and not in lieu of any penalty provided by this chapter and may be brought concurrently with other actions to enforce this chapter.
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(L. 1978 S.B. 811, A.L. 1981 S.B. 16, A.L. 2004 H.B. 985)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 339 - Real Estate Agents, Brokers, Appraisers and Escrow Agents › Section 339.190 - Real estate licensee, immunity from liability, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 339
• Effective - 28 Aug 2019, 3 histories
339.190. Real estate licensee, immunity from liability, when. —
1. A real estate licensee shall be immune from liability for statements made by engineers, land surveyors, geologists, environmental hazard experts, wood-destroying inspection and control experts, termite inspectors, mortgage brokers, home inspectors, or other home inspection experts unless:
(1) The statement was made by a person employed by the licensee or the broker with whom the licensee is associated;
(2) The person making the statement was selected by and engaged by the licensee. For purposes of this section, the ordering of a report or inspection alone shall not constitute selecting or engaging a person; or
(3) The licensee knew prior to closing that the statement was false or the licensee acted in reckless disregard as to whether the statement was true or false.
2. A real estate licensee shall not be the subject of any action and no action shall be instituted against a real estate licensee for any information contained in a seller's disclosure for residential, commercial, industrial, farm, or vacant real estate furnished to a buyer, unless the real estate licensee is a signatory to such or the licensee knew prior to closing that the statement was false or the licensee acted in reckless disregard as to whether the statement was true or false.
3. A real estate licensee acting as a courier of documents referenced in this section shall not be considered to be making the statements contained in such documents.
4. A real estate licensee shall not be the subject of any action and no action shall be instituted against a real estate licensee for the accuracy of any information about the size or area, in square footage or otherwise, of a property or of improvements on the property if the real estate licensee obtains the information from a third party and the licensee discloses the source of the information prior to an offer to purchase being transmitted to the seller, unless the real estate licensee knew the information was false at the time the real estate licensee transmitted or published the information or the licensee acted with reckless disregard as to whether such information was true or false.
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(L. 2004 S.B. 1211 § 1, A.L. 2011 H.B. 220 merged with S.B. 325, A.L. 2019 S.B. 36)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 339 - Real Estate Agents, Brokers, Appraisers and Escrow Agents › Section 339.200 - Prohibited acts — investigation may be initiated, when, procedure.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 339
• Effective - 28 Aug 2007
339.200. Prohibited acts — investigation may be initiated, when, procedure. —
1. It shall be unlawful for any person not holding the required license from the commission to perform any act for which a license is required by sections 339.010 to 339.180 and sections 339.710 to 339.860. The commission may cause a complaint to be filed with the administrative hearing commission, as provided in chapter 621, against any unlicensed person who:
(1) Engages in or offers to perform any act for which a license is required by sections 339.010 to 339.180 and sections 339.710 to 339.860; or
(2) Uses or employs titles defined and protected by this chapter, or implies authorization to provide or offer professional services, or otherwise uses or advertises any title, word, figure, sign, card, advertisement, or other symbol or description tending to convey the impression that the person holds any license required by sections 339.010 to 339.180 and sections 339.710 to 339.860.
2. When reviewing complaints against unlicensed persons, the commission may initiate an investigation and take all measures necessary to find the facts of any potential violation, including issuing subpoenas to compel the attendance and testimony of witnesses and the disclosure of evidence.
3. If the commission files a complaint with the administrative hearing commission, the proceedings shall be conducted in accordance with the provisions of chapter 621. Upon a finding by the administrative hearing commission that the grounds provided in subsection 1 of this section for action are met, the commission may, either singularly or in combination with other provisions of this chapter, impose a civil penalty against the person named in the complaint in an amount not to exceed the limit authorized by section 339.205.
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(L. 2007 H.B. 780 merged with S.B. 308)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 339 - Real Estate Agents, Brokers, Appraisers and Escrow Agents › Section 339.500 - Citation of law.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 339
• Effective - 28 Aug 2012
339.500. Citation of law. —
This act shall be known and may be cited as the "Missouri Certified and Licensed Real Estate Appraisers and Appraisal Management Company Regulation Act".
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(L. 1990 H.B. 1456 § 2, A.L. 2012 H.B. 1103)