Title XXII — OCCUPATIONS AND PROFESSIONS

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…

339.010. Definitions — inapplicability of chapter. — 1. A "real estate broker" is any person, partnership, limited partnership, limited liability company, association, professional corporation, or corporation, foreign or domestic who, for another, and for a compensation or valuab…

339.015. Criminal background check, fingerprint submission. — 1. The Missouri real estate commission may require that fingerprint submissions be made as part of an application seeking licensure as a real estate broker, real estate salesperson, and real estate broker-salesperson, …

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…

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 …

339.040. Licenses granted to whom — examination — qualifications — fee — temporary broker's license, when. — 1. Licenses shall be granted only to persons who present, and corporations, associations, partnerships, limited partnerships, limited liability companies, and professional…

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 app…

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 th…

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 …

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 th…

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 license…

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 f…

339.100. Investigation of certain practices, procedure — subpoenas — formal complaints — revocation or suspension of licenses — digest may be published — revocation of licenses for certain offenses. — 1. The commission may, upon its own motion, and shall upon receipt of a written…

339.105. Separate bank escrow accounts required — service charges for account may be made by personal deposit by broker, amount allowed. — 1. Each broker who holds funds belonging to another shall maintain such funds in a separate bank account in a financial institution which sha…

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 a…

339.120. Commission, created — members, qualifications, terms, compensation — powers and duties — rulemaking authority, procedure. — 1. There is hereby created the "Missouri Real Estate Commission", to consist of seven persons, citizens of the United States and residents of this …

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. ­­-------- (L. 1993 S.B. 18, A.L. 1995 S.B. 3)

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 ju…

339.150. Unlicensed persons not to be employed, when — no fees paid, when, exception — compensation directly to business entity owned by licensee, when — definitions. — 1. No real estate broker shall knowingly employ or engage any person to perform any service to the broker for w…

339.151. No commission or consideration unless reasonable cause for payment or contractual relationship exists. — 1. No licensee shall pay a commission or any other valuable consideration unless reasonable cause for payment exists or a contractual relationship exists with the lic…

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 …

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…

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 …

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 …

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,…