Title XXII — OCCUPATIONS AND PROFESSIONS

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 prac…

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 d…

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 transa…

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 foll…

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. ­­-------- (L. 1951 p. 734 …

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 th…

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…

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…

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. ­­-------- (L. 1951 p. 734 § 7, A.L. 1981 S.B. 16)

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 Mi…

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 o…

338.320. Committee established, purpose, members, duties — sunset provision. — 1. There is hereby established the "Missouri Electronic Prior Authorization Committee" in order to facilitate, monitor, and report to the general assembly on Missouri-based efforts to contribute to the…

338.330. Definitions. — As used in sections 338.300 to 338.370, the following terms mean: (1) "Drug outsourcer", an outsourcing facility as defined by 21 U.S.C. Section 353b of the federal Drug Quality and Security Act; (2) "Legend drug": (a) Any drug or biological product: a. Su…

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…

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…

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 …

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 distribut…

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 b…

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…

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. Su…

338.353. Discipline of licensee, grounds — procedure — administrative hearing commission to conduct hearing. — 1. The board of pharmacy is hereby authorized and empowered, when complaints, examinations or inspection of a wholesale drug distributor or pharmacy distributor disclose…

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…

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 dis…

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…

338.370. Penalties. — Every person who violates any provision of sections 338.333, 338.337, and 338.340 shall, upon conviction thereof, be adjudged guilty of a class D felony. ­­-------- (L. 1989 S.B. 39 § 338.420, A.L. 2014 S.B. 491) Effective 1-01-17

338.380. Refusal to issue a certificate, when — impaired license committee authorized, duties, procedures. — 1. As used in this section the term "committee" means the well-being committee established under subsection 3 of this section. 2. The board may refuse to issue any certifi…

338.400. Standard of care, definitions, rules. — 1. As used in this section, the following terms shall mean: (1) "Ancillary infusion equipment and supplies", the equipment and supplies required to infuse a blood clotting therapy product into a human vein, including syringes, need…

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 upo…

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…

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 prescri…

338.515. Effective date of tax. — The tax imposed by sections 338.500 to 338.550 shall become effective July 1, 2003, or the effective date of sections 338.500 to 338.550, whichever is later. ­­-------- (L. 2002 S.B. 1248, A.L. 2003 H.B. 286) Effective 6-26-03 Expires 9-30-29; se…

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 establish…

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…

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. …

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…

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 pe…

338.600. Criteria for audit — appeals process to be established — report to be provided — applicability exceptions. — 1. Notwithstanding any other provision of law to the contrary, when an audit of the records of a pharmacy licensed in this state is conducted by a managed care co…

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 …

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 deliver…

338.700. Definitions. — As used in sections 338.700 to 338.710, the following terms shall mean: (1) "Board", the Missouri board of pharmacy; (2) "Department", the Missouri department of health and senior services; (3) "Program", the RX cares for Missouri program. ­­-------- (L. 2…

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…

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…