reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.150 - Inspections by authorized representatives of board, where — testing program authorized — rulemaking authority.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2013, 2 histories
338.150. Inspections by authorized representatives of board, where — testing program authorized — rulemaking authority. —
1. Any person authorized by the board of pharmacy is hereby given the right of entry and inspection upon all open premises purporting or appearing to be drug or chemical stores, apothecary shops, pharmacies or places of business for exposing for sale, or the dispensing or selling of drugs, pharmaceuticals, medicines, chemicals or poisons or for the compounding of physicians' or veterinarians' prescriptions.
2. The board may establish and implement a program for testing drugs or drug products maintained, compounded, filled, or dispensed by licensees, registrants, or permit holders of the board. The board shall pay all testing costs and shall reimburse the licensee, registrant, or permit holder for the reasonable, usual, and customary cost of the drug or drug product requested for testing.
3. The board 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, 2013, shall be invalid and void.
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(RSMo 1939 § 10016, A.L. 1951 p. 737, A.L. 1961 p. 503, A.L. 1980 H.B. 1266, A.L. 1981 S.B. 16, A.L. 2011 H.B. 412 merged with S.B. 325, A.L. 2013 H.B. 315 merged with S.B. 306)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.155 - Immunity from civil liability, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2004
338.155. Immunity from civil liability, when. —
1. Any person who in good faith and without malice reports, provides information, or cooperates in any manner with the board, or assists the board in any manner including, but not limited to, any applicant or licensee, whether or not the applicant or licensee is the subject of an investigation, record custodians, consultants, attorneys, board members, agents, employees, staff or expert witnesses, in the course of any investigation, hearing or other proceeding conducted by or before the board pursuant to the provisions of this chapter shall not be subject to an action for civil damages as a result of providing such information and cooperating with the board.
2. No physician or other authorized prescriber who, in good faith, cooperates with the board by writing a prescription or drug order at the request of the board pursuant to a routine inspection or a lawful investigation shall, by virtue of that cooperation, be in violation of this chapter or any drug laws of this state and shall be acting as an agent of the state and, as such, shall have sovereign immunity for those actions.
3. No licensee, registrant, permit holder, or other individual or entity subject to the board's jurisdiction who, in good faith, fills a prescription presented by the board as part of an inspection or investigation shall, by virtue of that act, be in violation of this chapter or the drug laws of this state, provided the prescription is otherwise prepared and dispensed in a lawful manner.
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(L. 2004 S.B. 1122)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.170 - Title of pharmacist — used by whom.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1951
338.170. Title of pharmacist — used by whom. —
It shall be unlawful for any person not legally licensed as a pharmacist to take, use or exhibit the title of pharmacist, or licensed or registered pharmacist, or the title druggist or apothecary, or any other title or description of like import.
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(RSMo 1939 § 10020, A.L. 1951 p. 737)
Prior revisions: 1929 § 13154; 1919 § 4726; 1909 § 5778
(1968) Punitive damages were proper in case where it was alleged that defendant who was not registered pharmacist filled prescription without supervision of person who was registered pharmacist. Duensing v. Huscher (Mo.), 431 S.W.2d 169.
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.180 - Prosecution of offenders.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1949
338.180. Prosecution of offenders. —
Upon receiving information that any provision of sections 338.010 to 338.190 has been or is being violated, the secretary of the board of pharmacy shall investigate the matter, and upon probable cause appearing, shall, under the direction of the board, file a complaint and prosecute the offender therefor. It shall be the duty of the prosecuting attorney, upon the request of the secretary, to take charge of and conduct such prosecutions.
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(RSMo 1939 § 10013, A. 1949 H.B. 2075)
Prior revisions: 1929 § 13150; 1919 § 4722; 1909 § 5774
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.185 - Board has access to certain court records.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1990
338.185. Board has access to certain court records. —
After August 28, 1990, notwithstanding any other provisions of law, the board of pharmacy shall have access to records involving an applicant for a license or permit or renewal of a license or permit as provided within this chapter, where the applicant has been adjudicated and found guilty or entered a plea of guilty or nolo contendere in a prosecution under the laws of any state or of the United States for any offense reasonably related to the qualifications, functions, or duties of any profession licensed or regulated under this chapter, for any offense an essential element of which is fraud, dishonesty or an act of violence or for any offense involving moral turpitude, whether or not sentence is imposed.
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(L. 1990 H.B. 1287)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.190 - Violation of law by licensee — penalty.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1990
338.190. Violation of law by licensee — penalty. —
Any person who is licensed under this chapter who violates any provision of sections 338.010 to 338.190 shall, upon conviction, be adjudged guilty of a class A misdemeanor.
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(RSMo 1939 § 10022, A.L. 1951 p. 737, A.L. 1981 S.B. 16, A.L. 1990 H.B. 1287)
Prior revisions: 1929 § 13156; 1919 § 4728; 1909 § 5780
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.195 - Violation of law by person not licensed — penalty.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 01 Jan 2017, 2 histories, see footnote
338.195. Violation of law by person not licensed — penalty. —
Any person, who is not licensed under this chapter, who violates any provision of sections 338.010 to 338.315 shall, upon conviction, be adjudged guilty of a class D felony.
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(L. 1990 H.B. 1287, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.196 - Prescription by practitioner licensed in another state, may be filled, requirement.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1991
338.196. Prescription by practitioner licensed in another state, may be filled, requirement. —
Notwithstanding the provisions of section 338.056 to the contrary, a pharmacist may fill a prescription written by a practitioner licensed in a state other than Missouri according to the practitioner's direction as to generic substitution.
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(L. 1991 H.B. 444 § 5)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.198 - Pharmacist may fill prescription forwarded by authorized agent.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1993
338.198. Pharmacist may fill prescription forwarded by authorized agent. —
Other provisions of law to the contrary notwithstanding, a pharmacist may fill a physician's prescription or the prescription of an advanced practice nurse working under a collaborative practice arrangement with a physician, when it is forwarded to the pharmacist by a registered professional nurse or registered physician's assistant or other authorized agent. The written collaborative practice arrangement shall specifically state that the registered professional nurse or registered physician assistant is permitted to authorize a pharmacist to fill a prescription on behalf of the physician.
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(L. 1993 H.B. 564)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.202 - Maintenance medications, pharmacist may exercise professional judgment on quantity dispensed, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2018, 2 histories
338.202. Maintenance medications, pharmacist may exercise professional judgment on quantity dispensed, when. —
1. Notwithstanding any other provision of law to the contrary, unless the prescriber has specified on the prescription that dispensing a prescription for a maintenance medication in an initial amount followed by periodic refills is medically necessary, a pharmacist may exercise his or her professional judgment to dispense varying quantities of maintenance medication per fill, up to the total number of dosage units as authorized by the prescriber on the original prescription, including any refills. Dispensing of the maintenance medication based on refills authorized by the physician or prescriber on the prescription shall be limited to no more than a ninety-day supply of the medication, and the maintenance medication shall have been previously prescribed to the patient for at least a three-month period. The supply limitations provided in this subsection shall not apply if the prescription is issued by a practitioner located in another state according to and in compliance with the applicable laws of that state and the United States or dispensed to a patient who is a member of the United States Armed Forces serving outside the United States.
2. For the purposes of this section,
"maintenance medication"
is and means a medication prescribed for chronic long-term conditions and that is taken on a regular, recurring basis; except that, it shall not include controlled substances, as defined in and under section 195.010.
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(L. 2016 H.B. 1682 merged with H.B. 1816 merged with S.B. 608 merged with S.B. 865 & 866 merged with S.B. 973, A.L. 2018 S.B. 718 merged with S.B. 826)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.205 - Opioid antagonist, storage and dispensing of without a license, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2016
338.205. Opioid antagonist, storage and dispensing of without a license, when. —
1. Notwithstanding any other law or regulation to the contrary, any person or organization acting under a standing order issued by a health care professional who is otherwise authorized to prescribe an opioid antagonist may store an opioid antagonist without being subject to the licensing and permitting requirements of this chapter and may dispense an opioid antagonist if the person does not collect a fee or compensation for dispensing the opioid antagonist.
2. As used in this section, the term
"emergency opioid antagonist"
means naloxone hydrochloride that blocks the effects of an opioid overdose that is administered in a manner approved by the United States Food and Drug Administration, or any accepted medical practice of administering.
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(L. 2016 H.B. 1568)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.210 - Pharmacy defined — practice of pharmacy to be conducted at pharmacy location — rulemaking authority.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2020, 3 histories
338.210. Pharmacy defined — practice of pharmacy to be conducted at pharmacy location — rulemaking authority. —
1. Pharmacy refers to any location where the practice of pharmacy occurs or such activities are offered or provided by a pharmacist or another acting under the supervision and authority of a pharmacist, including every premises or other place:
(1) Where the practice of pharmacy is offered or conducted;
(2) Where drugs, chemicals, medicines, any legend drugs under 21 U.S.C. Section 353, prescriptions, or poisons are compounded, prepared, dispensed or sold or offered for sale at retail;
(3) Where the words "pharmacist", "apothecary", "drugstore", "drugs", and any other symbols, words or phrases of similar meaning or understanding are used in any form to advertise retail products or services;
(4) Where patient records or other information is maintained for the purpose of engaging or offering to engage in the practice of pharmacy or to comply with any relevant laws regulating the acquisition, possession, handling, transfer, sale or destruction of drugs, chemicals, medicines, prescriptions or poisons;
(5) Where the practice of pharmacy occurs or is offered at a remote dispensing pharmacy site.
2. All activity or conduct involving the practice of pharmacy as it relates to an identifiable prescription or drug order shall occur at the pharmacy location where such identifiable prescription or drug order is first presented by the patient or the patient's authorized agent for preparation or dispensing, unless otherwise expressly authorized by the board.
3. The requirements set forth in subsection 2 of this section shall not be construed to bar the complete transfer of an identifiable prescription or drug order pursuant to a verbal request by or the written consent of the patient or the patient's authorized agent.
4. The board is hereby authorized to enact rules waiving the requirements of subsection 2 of this section and establishing such terms and conditions as it deems necessary, whereby any activities related to the preparation, dispensing or recording of an identifiable prescription or drug order may be shared between separately licensed facilities.
5. If a violation of this chapter or other relevant law occurs in connection with or adjunct to the preparation or dispensing of a prescription or drug order, any permit holder or pharmacist-in-charge at any facility participating in the preparation, dispensing, or distribution of a prescription or drug order may be deemed liable for such violation.
6. Nothing in this section shall be construed to supersede the provisions of section 197.100.
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(L. 1951 p. 734 § 1(a), A.L. 2001 H.B. 567, A.L. 2011 H.B. 412 merged with S.B. 325, A.L. 2020 H.B. 1682)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.230 - Disposition of fees.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1989
338.230. Disposition of fees. —
All fees collected under the provisions of sections 338.210 to 338.370 shall be deposited in the state treasury to the credit of the Missouri board of pharmacy fund, to be used by the Missouri board of pharmacy in the enforcement of the provisions of sections 338.210 to 338.370, when appropriated for that purpose by the general assembly.
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(L. 1951 p. 734 § 3, A.L. 1989 S.B. 39)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.240 - Evidence required for issuance of permit — veterinary permit pharmacy, designation of supervising registered pharmacist, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2011
338.240. Evidence required for issuance of permit — veterinary permit pharmacy, designation of supervising registered pharmacist, when. —
1. Upon evidence satisfactory to the said Missouri board of pharmacy:
(1) That the pharmacy for which a permit, or renewal thereof, is sought, will be conducted in full compliance with sections 338.210 to 338.300, with existing laws, and with the rules and regulations as established hereunder by said board;
(2) That the equipment and facilities of such pharmacy are such that it can be operated in a manner not to endanger the public health or safety;
(3) That such pharmacy is equipped with proper pharmaceutical and sanitary appliances and kept in a clean, sanitary and orderly manner;
(4) That the management of said pharmacy is under the supervision of either a registered pharmacist, or an owner or employee of the owner, who has at his or her place of business a registered pharmacist employed for the purpose of compounding physician's or veterinarian's prescriptions in the event any such prescriptions are compounded or sold;
(5) That said pharmacy is operated in compliance with the rules and regulations legally prescribed with respect thereto by the Missouri board of pharmacy, a permit or renewal thereof shall be issued to such persons as the said board of pharmacy shall deem qualified to conduct such pharmacy.
2. In lieu of a registered pharmacist as required by subdivision (4) of subsection 1 of this section, a pharmacy permit holder that only holds a class L veterinary permit and no other pharmacy permit may designate a supervising registered pharmacist who shall be responsible for reviewing the activities and records of the class L pharmacy permit holder as established by the board by rule. The supervising registered pharmacist shall not be required to be physically present on site during the business operations of a class L pharmacy permit holder identified in subdivision (5) of subsection 1 of this section when noncontrolled legend drugs under 21 U.S.C. Section 353 are being dispensed for use in animals, but shall be specifically present on site when any noncontrolled drugs for use in animals are being compounded.
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(L. 1951 p. 734 § 2, A.L. 2011 H.B. 412 merged with S.B. 325)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.250 - Equipment required — manner of operation of pharmacy — compliance with state and federal laws required.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1998
338.250. Equipment required — manner of operation of pharmacy — compliance with state and federal laws required. —
No pharmacy shall be licensed under the provisions of this chapter unless it is equipped with proper pharmaceutical equipment and reference manuals, so that the practice of pharmacy may be accurately and properly performed. The board shall prescribe the minimum of technical equipment which the pharmacy shall at all times possess. Such requirements may vary, depending upon the population served, but shall be consistently and uniformly enforced. No permit shall be issued or renewed for the operation of a pharmacy unless the pharmacy shall be operated in a manner and according to the rules and regulations prescribed by law and by the Missouri board of pharmacy with respect to obtaining and maintaining such a permit. Any pharmacy that receives or possesses drugs or devices shall be held responsible for compliance with all laws within this chapter as well as state and federal drug laws on all drugs received or possessed, including but not limited to drugs and devices received or possessed pursuant to a consignment arrangement.
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(L. 1951 p. 734 § 6, A.L. 1990 H.B. 1287, A.L. 1998 S.B. 940)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.255 - Specific prescription or nonprescription drugs or devices, no requirement to carry.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2013
338.255. Specific prescription or nonprescription drugs or devices, no requirement to carry. —
Notwithstanding any other provision of law, no pharmacy licensed in this state shall be required to carry or maintain in inventory any specific prescription or nonprescription drug or device.
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(L. 2013 S.B. 126)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.260 - Business name not to include certain words unless supervised by pharmacist — historical names permitted — board of pharmacy may enforce — remote dispensing site pharmacy, physical presence of pharmacist not required, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2020, 2 histories
338.260. Business name not to include certain words unless supervised by pharmacist — historical names permitted — board of pharmacy may enforce — remote dispensing site pharmacy, physical presence of pharmacist not required, when. —
1. No person shall carry on, conduct or transact a business under a name which contains as part of the name the words "pharmacist", "pharmacy", "apothecary", "apothecary shop", "chemist shop", "drug store", "druggist", "drugs", "consultant pharmacist", or any word of similar or like import, unless the place of business is supervised by a licensed pharmacist.
2. Nothing in this chapter shall be construed to prevent any person from using a historical name in reference to any building, structure, or business so long as the person is not engaged in the practice of pharmacy as defined in section 338.010.
3. Notwithstanding the provisions of subsection 2 of this section, the board of pharmacy shall retain authority to enforce the provisions of subsection 1 of this section against any person offering for sale any naturopathic or homeopathic service or any herbal, nutritional, vitamin, dietary, mineral, or other supplement intended for human application, absorption, or consumption.
4. Supervision of a licensed remote dispensing site pharmacy shall not require a pharmacist to be physically present at the remote dispensing site pharmacy location, provided that dispensing activities are supervised by a supervising pharmacist located at a Missouri-licensed supervising pharmacy through the use of a continuous real-time audio and video link.
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(L. 1951 p. 737 § 338.170, A.L. 1990 H.B. 1287, A.L. 2009 S.B. 394, A.L. 2020 H.B. 1682)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.270 - Renewal applications to be made, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2016, 2 histories
338.270. Renewal applications to be made, when. —
1. Application blanks for renewal permits shall be mailed to each permittee on or before the first day of the month in which the permit expires and, if application for renewal of permit is not made before the first day of the following month, the existing permit, or renewal thereof, shall lapse and become null and void upon the last day of that month.
2. The board of pharmacy shall not renew a nonresident pharmacy license if the renewal applicant does not hold a current pharmacy license or its equivalent in the state in which the nonresident pharmacy is located.
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(L. 1951 p. 734 § 3, A.L. 1981 S.B. 16, A.L. 2016 S.B. 865 & 866)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.280 - Board of pharmacy, rules and regulations.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1981
338.280. Board of pharmacy, rules and regulations. —
The Missouri board of pharmacy may make such rules and regulations, not inconsistent with law, as may be necessary to carry out the purposes and enforce the provisions of sections 338.210 to 338.300.
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(L. 1951 p. 734 § 4, A.L. 1971 S.B. 145, A.L. 1981 S.B. 16)
(1987) Board of Pharmacy has no jurisdiction to regulate pharmacies in hospitals. Missouri Hospital Association v. Department of Consumer Affairs, Regulation and Licensing. 731 S.W.2d 262 (Mo.App.).
(1987) This section does not give the Board of Pharmacy the authority or jurisdiction to promulgate rules and regulations regarding in-hospital dispensing of drugs. Missouri Hospital Association v. Missouri Department of Consumer Affairs, Regulation and Licensing. 731 S.W.2d 262 (Mo.App.).
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.285 - Board may file complaint, when, where filed.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2001
338.285. Board may file complaint, when, where filed. —
The board is hereby authorized and empowered, when examination or inspection of a pharmacy shall disclose to the board that the pharmacy is not being operated or conducted according to such legal rules and regulations and the laws of Missouri with respect thereto, to cause a complaint to be filed before the administrative hearing commission pursuant to chapter 621 charging the holder of a permit to operate a pharmacy with conduct constituting grounds for discipline in accordance with section 338.055.
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(L. 1971 S.B. 145, A.L. 2001 H.B. 567)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.290 - Appeals from decision of board, notice of right.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1981
338.290. Appeals from decision of board, notice of right. —
Any person denied a permit to establish or operate a pharmacy, or renewal of such permit, may appeal the decision of the board of pharmacy in the manner provided by law, and shall be notified of this right at the time of denial.
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(L. 1951 p. 734 § 5, A.L. 1981 S.B. 16)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.300 - Permit to be posted — not transferable.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1981
338.300. Permit to be posted — not transferable. —
The permit, or renewal thereof, issued under the provisions of sections 338.210 to 338.300, and under which a pharmacy is being operated, shall be posted and exposed in a conspicuous place in such pharmacy; such permit or renewal of permit shall not be transferable.
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(L. 1951 p. 734 § 3, A.L. 1981 S.B. 16)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.310 - Violation, a misdemeanor.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1981
338.310. Violation, a misdemeanor. —
Every person who violates any provision of sections 338.210 to 338.300 shall, upon conviction thereof, be adjudged guilty of a class C misdemeanor.
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(L. 1951 p. 734 § 7, A.L. 1981 S.B. 16)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.314 - Inspection of pharmacy within certain facilities authorized — applicability of law.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2014
338.314. Inspection of pharmacy within certain facilities authorized — applicability of law. —
Nothing in sections 338.010 to 338.315 shall authorize the board of pharmacy to conduct an inspection of a long-term care facility licensed under the provisions of chapter 198 by the Missouri department of health and senior services, except that the board of pharmacy may inspect any licensed pharmacy located within a long-term care facility. However, the provisions of sections 338.010 to 338.315 shall apply to all individuals licensed as a pharmacist and practicing pharmacy as defined in section 338.010.
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(L. 1990 H.B. 1287, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.315 - Receipt of drugs from unlicensed source, unlawful — penalty — pharmacy-to-pharmacy transfers, limit — legend drugs, inventories and records — rulemaking authority.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2018, 4 histories
338.315. Receipt of drugs from unlicensed source, unlawful — penalty — pharmacy-to-pharmacy transfers, limit — legend drugs, inventories and records — rulemaking authority. —
1. Except as otherwise provided by the board by rule, it shall be unlawful for any pharmacist, pharmacy owner or person employed by a pharmacy to knowingly purchase or receive any legend drugs under 21 U.S.C. Section 353 from other than a licensed or registered drug distributor, drug outsourcer, third-party logistics provider, or licensed pharmacy. Any person who violates the provisions of this section shall, upon conviction, be adjudged guilty of a class A misdemeanor. Any subsequent conviction shall constitute a class E felony.
2. Notwithstanding any other provision of law to the contrary, the sale, purchase, or trade of a prescription drug by a pharmacy to other pharmacies is permissible if the total dollar volume of such sales, purchases, or trades are in compliance with the rules of the board and do not exceed five percent of the pharmacy's total annual prescription drug sales.
3. Pharmacies shall establish and maintain inventories and records of all transactions regarding the receipt and distribution or other disposition of legend drugs. Such records shall be maintained for two years and be readily available upon request by the board or its representatives.
4. The board 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, 2012, shall be invalid and void.
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(L. 1989 S.B. 39, A.L. 2011 S.B. 325, A.L. 2012 H.B. 1563, A.L. 2014 S.B. 491, A.L. 2018 H.B. 1719)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.333 - License required, temporary licenses may be granted — out-of-state distributors, reciprocity allowed, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2018, 3 histories
338.333. License required, temporary licenses may be granted — out-of-state distributors, reciprocity allowed, when. —
1. Except as otherwise provided by the board of pharmacy by rule in the event of an emergency or to alleviate a supply shortage, no person or distribution outlet shall act as a wholesale drug distributor, pharmacy distributor, drug outsourcer, or third-party logistics provider without first obtaining license to do so from the Missouri board of pharmacy and paying the required fee. The board may grant temporary licenses when the wholesale drug distributor, pharmacy distributor, drug outsourcer, or third-party logistics provider first applies for a license to operate within the state. Temporary licenses shall remain valid until such time as the board shall find that the applicant meets or fails to meet the requirements for regular licensure. No license shall be issued or renewed for a wholesale drug distributor, pharmacy distributor, drug outsourcer, or third-party logistics provider to operate unless the same shall be operated in a manner prescribed by law and according to the rules and regulations promulgated by the board of pharmacy with respect thereto. Separate licenses shall be required for each distribution site owned or operated by a wholesale drug distributor, pharmacy distributor, drug outsourcer, or third-party logistics provider, unless such drug distributor, pharmacy distributor, drug outsourcer, or third-party logistics provider meets the requirements of section 338.335.
2. An agent or employee of any licensed or registered wholesale drug distributor, pharmacy distributor, drug outsourcer, or third-party logistics provider need not seek licensure under this section and may lawfully possess pharmaceutical drugs, if the agent or employee is acting in the usual course of his or her business or employment.
3. The board may permit out-of-state wholesale drug distributors, drug outsourcers, third-party logistics provider, or out-of-state pharmacy distributors to be licensed as required by sections 338.210 to 338.370 on the basis of reciprocity to the extent that the entity both:
(1) Possesses a valid license granted by another state pursuant to legal standards comparable to those which must be met by a wholesale drug distributor, pharmacy distributor, drug outsourcers, or third-party logistics provider of this state as prerequisites for obtaining a license under the laws of this state; and
(2) Distributes into Missouri from a state which would extend reciprocal treatment under its own laws to a wholesale drug distributor, pharmacy distributor, drug outsourcers, or third-party logistics provider of this state.
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(L. 1989 S.B. 39 § 338.340, A.L. 2010 H.B. 2226, et al., A.L. 2012 H.B. 1563, A.L. 2018 H.B. 1719)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.335 - Separate licenses required, when — exemptions.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2010
338.335. Separate licenses required, when — exemptions. —
1. Separate licenses shall be required for each distribution site owned or operated by a wholesale drug distributor or pharmacy distributor unless drugs are delivered only on a consignment basis as defined by the board, or the entity meets the requirements of subsection 2 of this section.
2. A wholesale drug distributor distributing drug-related devices in Missouri is not required to obtain a license from the board for out-of-state distribution sites owned by the wholesale drug distributor if:
(1) The wholesale drug distributor has one or more distribution sites located in Missouri, and all such in-state distribution sites receiving shipments of drug-related devices are licensed by the board as a distributor;
(2) The wholesale drug distributor's out-of-state distribution sites shipping to the in-state distribution site are in compliance with their respective state's licensing laws;
(3) The wholesale drug distributor's out-of-state distribution sites that deliver drug-related devices regulated by the board into Missouri for patient use deliver such devices only to the licensed wholesale drug distributor's in-state distribution site.
3. A Missouri wholesale drug distributor receiving shipments of drug-related devices from an out-of-state facility that is not required to be licensed as a distributor pursuant to subsection 2 of this section shall be responsible for all shipments received.
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(L. 1998 S.B. 940, A.L. 2010 H.B. 2226, et al.)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.337 - Out-of-state distributors, licenses required, exception.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2018, 3 histories
338.337. Out-of-state distributors, licenses required, exception. —
It shall be unlawful for any out-of-state wholesale drug distributor, out-of-state pharmacy acting as a distributor, drug outsourcers, or third-party logistics provider to do business in this state without first obtaining a license to do so from the board of pharmacy and paying the required fee, except as otherwise provided by section 338.335 and this section. Application for an out-of-state wholesale drug distributor's, drug outsourcer's, or out-of-state third-party logistics provider's license under this section shall be made on a form furnished by the board. The issuance of a license under sections 338.330 to 338.370 shall not change or affect tax liability imposed by the Missouri department of revenue on any entity. Any out-of-state wholesale drug distributor that is a drug manufacturer and which produces and distributes from a facility which has been inspected and approved by the Food and Drug Administration, maintains current approval by the federal Food and Drug Administration, and has provided a copy of the most recent Food and Drug Administration Establishment Inspection Report to the board, and which is licensed by the state in which the distribution facility is located, or, if located within a foreign jurisdiction, is authorized and in good standing to operate as a drug manufacturer within such jurisdiction, need not be licensed as provided in this section but such out-of-state distributor shall register its business name and address with the board of pharmacy and pay a filing fee in an amount established by the board.
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(L. 1989 S.B. 39 § 338.350, A.L. 2009 H.B. 191 merged with S.B. 296, A.L. 2010 H.B. 2226, et al., A.L. 2018 H.B. 1719)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.340 - Sale of drugs, out-of-state distributor, license required.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2018, 2 histories
338.340. Sale of drugs, out-of-state distributor, license required. —
No person acting as principal or agent for any out-of-state wholesale drug distributor, out-of-state pharmacy distributor, drug outsourcer, or out-of-state third-party logistics provider shall sell or distribute drugs in this state unless the entity has obtained a license pursuant to the provisions of sections 338.330 to 338.370.
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(L. 1989 S.B. 39 § 338.360, A.L. 2018 H.B. 1719)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.343 - Records to be maintained and be available for board inspection.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1993
338.343. Records to be maintained and be available for board inspection. —
Any licensee licensed under the provisions of sections 338.330 to 338.340 must maintain required records to guarantee security, storage and accountability. These records shall be available for inspection by the board.
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(L. 1989 S.B. 39 § 338.370, A.L. 1993 S.B. 27)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.347 - Renewal of license, application.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 2016, 2 histories
338.347. Renewal of license, application. —
1. Application blanks for renewal of license shall be mailed to each licensee on or before the first day of the month in which the license expires and, if application for renewal of license with required fee is not made before the first day of the following month, the existing license, or renewal thereof, shall lapse and become null and void upon the last day of that month.
2. The board of pharmacy shall not renew an out-of-state wholesale drug distributor, out-of-state pharmacy distributor, or drug distributor license or registration if the renewal applicant does not hold a current distributor license or its equivalent in the state or jurisdiction in which the distribution facility is located or, if a drug distributor registrant, the entity is not authorized and in good standing to operate as a drug manufacturer with the Food and Drug Administration or within the state or jurisdiction where the facility is located.
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(L. 1989 S.B. 39 § 338.380, A.L. 2016 S.B. 865 & 866)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.350 - Board of pharmacy to promulgate rules and regulations — procedure.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1995
338.350. Board of pharmacy to promulgate rules and regulations — procedure. —
The Missouri board of pharmacy may make such rules and regulations, not inconsistent with law, as may be necessary to carry out the purposes and enforce the provisions of sections 338.330 to 338.370. Such rules and regulations shall not be contrary to or more restrictive than any laws or rules pertaining to practices which are regulated by the federal Food and Drug Administration or the federal Drug Enforcement Administration when the laws or rules specifically state what requirements must be met for compliance. As used in this section, rules of the federal government shall not include guidelines or policies that may be enacted by federal agencies. No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1989 S.B. 39 § 338.390, A.L. 1993 S.B. 27 merged with S.B. 52, A.L. 1995 S.B. 3)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.357 - Sanction imposed by board, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1989
338.357. Sanction imposed by board, when. —
Any probation, restriction, suspension or revocation imposed on a licensee by the board of pharmacy for violations of this chapter shall be determined by the board upon a finding in favor of the board following the hearing held pursuant to section 338.353.
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(L. 1989 S.B. 39 § 338.400)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.360 - Inspection of premises allowed, when.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1993
338.360. Inspection of premises allowed, when. —
Any person authorized by the board of pharmacy is hereby given the right of entry for inspection during normal business hours upon all open premises purporting or appearing to be used by a wholesale drug distributor or pharmacy distributor in Missouri. Any wholesale drug distributor who provides adequate documentation of the most recent inspection less than two years old by the Food and Drug Administration or other comparable state agency as determined by the board with a satisfactory rating shall be exempt from further inspection by the board of pharmacy. Such an exemption shall not bar the board of pharmacy from initiating an investigation pursuant to a public or governmental complaint received by the board of pharmacy regarding a wholesale drug distributor not licensed by the Food and Drug Administration.
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(L. 1989 S.B. 39 § 338.410, A.L. 1993 S.B. 27)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.365 - Injunction may be issued, when, procedure.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 28 Aug 1997
338.365. Injunction may be issued, when, procedure. —
1. Upon proper application by the board of pharmacy, a court of competent jurisdiction may grant an injunction, restraining order or other order as may be appropriate to enjoin a person from:
(1) Offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority, permit or license is required by this chapter upon a showing that such acts or practices were performed or offered to be performed without a certificate of registration or authority, permit or license; or
(2) Engaging in any practice or business authorized by a certificate of registration or authority, permit or license issued pursuant to this chapter upon a showing that the holder presents a probability of serious danger to the health, safety or welfare of any resident of the state or client or patient.
2. Any such actions shall be commenced either in the county in which such conduct occurred or in the county in which defendant resides.
3. Any action brought pursuant to this section shall be in addition and not in lieu of any penalty provided by law and may be brought concurrently with other actions to enforce this chapter.
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(L. 1989 S.B. 39 § 338.415, A.L. 1997 S.B. 141)
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.370 - Penalties.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 01 Jan 2017, 2 histories, see footnote
338.370. Penalties. —
Every person who violates any provision of sections 338.333, 338.337, and 338.340 shall, upon conviction thereof, be adjudged guilty of a class D felony.
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(L. 1989 S.B. 39 § 338.420, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XXII - Occupations and Professions › Chapter 338 - Pharmacists and Pharmacies › Section 338.500 - Gross retail prescriptions, tax imposed, definitions.

Title XXII OCCUPATIONS AND PROFESSIONS
Chapter 338
• Effective - 19 Jun 2002, see footnote
338.500. Gross retail prescriptions, tax imposed, definitions. —
1. In addition to all other fees and taxes required or paid, a tax is hereby imposed upon licensed retail pharmacies for the privilege of providing outpatient prescription drugs in this state. The tax is imposed upon the Missouri gross retail prescription receipts earned from filling outpatient retail prescriptions.
2. For purposes of sections 338.500 to 338.550:
(1)
"Gross retail prescription receipts"
shall mean all amounts received by a licensed pharmacy for its own account from the sale of outpatient prescription drugs in the state of Missouri but shall not include those sales shipped out of the state of Missouri and shall include the receipts from cost sharing, dispensing fees, and retail prescription drug sales;
(2)
"Licensed pharmacy"
shall have the same meaning as such term is defined in section 338.210;
(3)
"Retail"
means a sale for use or consumption and not for resale.
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(L. 2002 S.B. 1248)
Effective 6-19-02
Expires 9-30-24