Missouri HB 2422: Modifies provisions relating to remote dispensing site pharmacies.

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 2422
100TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE STEPHENS (128).
5232H.02I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal sections 338.035, 338.210, 338.220, and 338.260, RSMo, and to enact in lieu thereof
five new sections relating to remote dispensing site pharmacies.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 338.035, 338.210, 338.220, and 338.260, RSMo, are repealed and
2 five new sections enacted in lieu thereof, to be known as sections 338.035, 338.210, 338.215,
3 338.220, and 338.260, to read as follows:
338.035. 1. Every person who desires to be licensed as an intern pharmacist shall file
2 with the board of pharmacy an application, on a form to be provided by the board of pharmacy.
3 2. If an applicant for an intern pharmacist license has complied with the requirements
4 of this section and with the rules and regulations of the board of pharmacy and is not denied a
5 license on any of the grounds listed in section 338.055, the board of pharmacy may issue to him
6 a license to practice as an intern pharmacist.
7 3. Any intern pharmacist who wishes to renew his license shall within thirty days before
8 the license expiration date file an application for a renewal.
9 4. A licensed intern pharmacist may practice pharmacy only under the direct supervision
10 of a pharmacist licensed by the board; provided, however, that an intern pharmacist working
11 at a remote dispensing site pharmacy may be remotely supervised by a pharmacist working
12 at a supervising pharmacy as provided for in section 338.215.
13 5. The board of pharmacy shall promulgate rules and regulations which shall further
14 regulate the duties of intern pharmacists and shall set the amount of the fees which shall
15 accompany the license and renewal applications for intern pharmacists.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

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16 6. No rule or portion of a rule promulgated under the authority of this chapter shall
17 become effective unless it has been promulgated pursuant to the provisions of section 536.024.
338.210. 1. Pharmacy refers to any location where the practice of pharmacy occurs or
2 such activities are offered or provided by a pharmacist or another acting under the supervision
3 and authority of a pharmacist, including every premises or other place:
4 (1) Where the practice of pharmacy is offered or conducted;
5 (2) Where drugs, chemicals, medicines, any legend drugs under 21 U.S.C. Section 353,
6 prescriptions, or poisons are compounded, prepared, dispensed or sold or offered for sale at
7 retail;
8 (3) Where the words "pharmacist", "apothecary", "drugstore", "drugs", and any other
9 symbols, words or phrases of similar meaning or understanding are used in any form to advertise
10 retail products or services;
11 (4) Where patient records or other information is maintained for the purpose of engaging
12 or offering to engage in the practice of pharmacy or to comply with any relevant laws regulating
13 the acquisition, possession, handling, transfer, sale or destruction of drugs, chemicals, medicines,
14 prescriptions or poisons;
15 (5) Where the practice of pharmacy occurs or is offered at a remote dispensing
16 pharmacy site.
17 2. All activity or conduct involving the practice of pharmacy as it relates to an
18 identifiable prescription or drug order shall occur at the pharmacy location where such
19 identifiable prescription or drug order is first presented by the patient or the patient's authorized
20 agent for preparation or dispensing, unless otherwise expressly authorized by the board.
21 3. The requirements set forth in subsection 2 of this section shall not be construed to bar
22 the complete transfer of an identifiable prescription or drug order pursuant to a verbal request
23 by or the written consent of the patient or the patient's authorized agent.
24 4. The board is hereby authorized to enact rules waiving the requirements of subsection
25 2 of this section and establishing such terms and conditions as it deems necessary, whereby any
26 activities related to the preparation, dispensing or recording of an identifiable prescription or
27 drug order may be shared between separately licensed facilities.
28 5. If a violation of this chapter or other relevant law occurs in connection with or adjunct
29 to the preparation or dispensing of a prescription or drug order, any permit holder or
30 pharmacist-in-charge at any facility participating in the preparation, dispensing, or distribution
31 of a prescription or drug order may be deemed liable for such violation.
32 6. Nothing in this section shall be construed to supersede the provisions of section
33 197.100.
338.215. 1. For purposes of this section, the following terms mean:

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2 (1) "Remo