Title XXII — OCCUPATIONS AND PROFESSIONS

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[Repealed or reserved.]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,…

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 …