Title XXII — OCCUPATIONS AND PROFESSIONS

338.010. Practice of pharmacy — license required — auxiliary personnel — written protocol required, when — nonprescription drugs — rulemaking authority — therapeutic plan requirements — veterinarian defined — additional requirements — ShowMeVax system, notice — public health emer…

338.012. Medication therapy services, certain diseases, pharmacist may provide under statewide standing order — rulemaking authority. — 1. A pharmacist with a certificate of medication therapeutic plan authority may provide influenza, group A streptococcus, and COVID-19 medicatio…

338.013. Pharmacy technician to register with board of pharmacy, fees, application, renewal — refusal to issue, when — employee disqualification list maintained, use. — 1. Any person desiring to assist a pharmacist in the practice of pharmacy as defined in this chapter shall appl…

338.015. Patient's freedom of choice to obtain prescription services, waiver — consultation and advice. — 1. The provisions of sections 338.010 to 338.015 shall not be construed to inhibit the patient's freedom of choice to obtain prescription services from any licensed pharmacis…

338.020. Application for license — requirements — examination — oath — penalty — military service, effect of. — 1. Every person who shall hereafter desire to be licensed as a pharmacist shall file with the board of pharmacy an application setting forth his name and age, the place…

338.030. Applicant — requirements for qualification. — An applicant for examination shall be twenty-one years of age and in addition shall furnish satisfactory evidence of his good moral character and have had one year practical experience under the supervision of a licensed phar…

338.035. Application, contents — intern pharmacist — board shall promulgate rules, procedure. — 1. Every person who desires to be licensed as an intern pharmacist shall file with the board of pharmacy an application, on a form to be provided by the board of pharmacy. 2. If an app…

338.040. License issued without examination, when — reciprocity — equivalency examination — fees. — 1. The board of pharmacy shall issue licenses to practice pharmacy in the state without examination to persons who have been legally registered or licensed as pharmacists in other …

338.043. Temporary license — eligibility — renewal. — 1. Notwithstanding any provision of law to the contrary, the board of pharmacy may grant a temporary license to an applicant who meets such requirements as the board may prescribe by rule and regulation. 2. The license shall b…

338.050. Pharmacist license, issued when, period covered. — If the applicant for license as a pharmacist has complied with all the requirements of sections 338.010 and 338.020, the board of pharmacy shall enroll his name upon the register of pharmacists and issue to him a license…

338.052. Criminal background check, fingerprint submission. — 1. The board of pharmacy may require that fingerprint submissions be made as part of an application seeking a license to practice pharmacy as a pharmacist, a certificate of registration as a pharmacy technician, a lice…

338.055. Denial, revocation or suspension of license, grounds for — expedited procedure — temporary authority, when. — 1. The board may refuse to issue any certificate of registration or authority, permit or license required pursuant to this chapter for one or any combination of …

338.056. Generic substitutions, when, requirements — violations, penalty. — 1. Except as provided in subsection 2 of this section, the pharmacist filling prescription orders for drug products prescribed by trade or brand name may select another drug product with the same active c…

338.059. Prescriptions, how labeled. — 1. It shall be the duty of a licensed pharmacist or a physician to affix or have affixed by someone under the pharmacist's or physician's supervision a label to each and every container provided to a consumer in which is placed any prescript…

338.060. Renewal of license or permit — late renewal or failure to renew, effect — continuing education requirements — inactive license issued when — changed to active, procedure. — 1. Every licensed pharmacist or permit holder who desires to continue in the practice of this prof…

338.065. Disciplinary hearings — grounds for discipline. — 1. At such time as the final trial proceedings are concluded whereby a licensee or registrant, or any person who has failed to renew or has surrendered his or her certificate of registration or authority, permit, or licen…

338.067. Revocation and restoration of license — conditions. — 1. In any order of revocation, the board may provide that the person may not apply for reinstatement of his license for a period of time ranging from two to seven years following the date of the order of revocation. A…

338.070. Fees, amount, how set, collection, disposition — fund, created, use, funds transferred to general revenue, when. — 1. The board of pharmacy shall set the amount of the fees which this chapter authorizes and requires by rules and regulations promulgated pursuant to chapte…

338.075. Adverse actions against licensee, notification to board of pharmacy, when — rulemaking authority. — 1. All licensees, registrants, and permit holders of the board of pharmacy shall report to the board of pharmacy: (1) Any final adverse action taken by another licensing s…

338.080. Display of license or renewal required. — Every license to practice as a pharmacist, and every permit issued to any person under the provisions of this chapter to establish a pharmacy, and every renewal of such license or permit, shall be conspicuously exposed in the pha…

338.085. Interchangeable biological products, pharmacist may dispense as substitute, when — recordkeeping — rulemaking authority. — 1. As used in this chapter, the following terms shall mean: (1) "Biological product", the same meaning as such term is defined under 42 U.S.C. Secti…

338.090. Sale of poisons — regulations. — 1. It shall be unlawful for any person to retail any poisons enumerated in schedules "A" and "B", except as follows: Schedule "A" arsenic and its preparations, biniodide of mercury, cyanide of potassium, hydrocyanic acid, strychnia, and a…

[Repealed or reserved.]

338.100. Records required to be kept — requirements. — 1. Every permit holder of a licensed pharmacy shall cause to be kept in a uniform fashion consistent with this section a suitable book, file, or electronic record-keeping system in which shall be preserved, for a period of no…

338.110. Board of pharmacy, members, qualifications, terms. — 1. The board of pharmacy shall consist of seven persons not connected with any school of pharmacy. Six members shall be licensed as pharmacists and actively engaged in the practice of pharmacy within this state, and at…

338.120. Board of pharmacy — organization. — Annually the board of pharmacy shall organize by the election of a president and vice president who shall hold their offices for one year and until their successors shall have been elected and qualified. ­­-------- (RSMo 1939 § 10011, …

338.130. Compensation of board members, personnel. — 1. Each member of the board shall receive as compensation an amount set by the board not to exceed fifty dollars for each day devoted to the affairs of the board, and shall be entitled to reimbursement of the member's expenses …

338.132. Board of pharmacy, salary schedule for employees to be established. — Any provision of the law to the contrary notwithstanding, the board of pharmacy shall prepare and maintain an equitable salary schedule for professional staff that are employees of the board. The posit…

338.140. Board of pharmacy, powers, duties — advisory committee, appointment, duties — letters of reprimand, censure or warning. — 1. The board of pharmacy shall have a common seal, and shall have power to adopt such rules and bylaws not inconsistent with law as may be necessary …

338.142. Drug take-back program, board authorized to expend, allocate, or award funds. — The Missouri board of pharmacy, in consultation with the Missouri department of health and senior services, shall be authorized to expend, allocate, or award funds appropriated to the board t…

338.143. Technology assisted verification or remote medication dispensing, pilot or demonstration research project authorized — definitions — requirements — expiration date — report. — 1. For purposes of this section, the following terms shall mean: (1) "Remote medication dispens…

338.145. Board president may administer oaths and issue subpoenas — enforcement of subpoenas. — 1. The president of the board may, upon majority vote of the board, administer oaths, issue subpoenas duces tecum, and require production of documents and records from any person or en…

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 …

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 no…

338.165. Class B pharmacies subject to department inspection, when — definitions — rulemaking authority — certificate of medication therapeutic plan authority required, when — dispensing of medications, requirements — advisory committee. — 1. As used in this section, the followin…

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…

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 t…

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 ch…

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. ­­-------- (RSMo 1939 § 10022, A.L. 1951 p. 737, A.L. 19…

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. ­­-------- (L. 1990 H.B. 1287, A.L. 2014 S.B…

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 th…

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 arrangemen…

*338.200. Pharmacist may dispense emergency prescription, when, requirements — rulemaking authority. — 1. In the event a pharmacist is unable to obtain refill authorization from the prescriber due to death, incapacity, or when the pharmacist is unable to obtain refill authorizati…

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 m…

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 …

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 supervis…

338.215. Remote dispensing site pharmacy — definitions — requirements — supervision — location — staffing — license required, when — rulemaking authority. — 1. For purposes of this section, the following terms mean: (1) "Remote dispensing site pharmacy", any location in this stat…

338.220. Operation of pharmacy without permit or license unlawful — application for permit, classifications, fee — duration of permit. — 1. It shall be unlawful for any person, copartnership, association, corporation or any other business entity to open, establish, operate, or ma…

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 …

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,…