Effective - 28 Aug 2019, 2 histories
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 for the regulation of its proceedings and for the discharge of the duties imposed pursuant to sections 338.010 to 338.198, and shall have power to employ an attorney to conduct prosecutions or to assist in the conduct of prosecutions pursuant to sections 338.010 to 338.198.
2. The board shall keep a record of its proceedings.
3. The board of pharmacy shall make annually to the governor and, upon written request, to persons licensed pursuant to the provisions of this chapter a written report of its proceedings.
4. The board of pharmacy shall appoint an advisory committee composed of six members, one of whom shall be a representative of pharmacy but who shall not be a member of the pharmacy board, three of whom shall be representatives of wholesale drug distributors as defined in section 338.330, one of whom shall be a representative of drug manufacturers, and one of whom shall be a licensed veterinarian recommended to the board of pharmacy by the board of veterinary medicine. The committee shall review and make recommendations to the board on the merit of all rules and regulations dealing with pharmacy distributors, wholesale drug distributors, drug manufacturers, and veterinary legend drugs which are proposed by the board.
5. A majority of the board shall constitute a quorum for the transaction of business.
6. Notwithstanding any other provisions of law to the contrary, the board may issue letters of reprimand, censure or warning to any holder of a license or registration required pursuant to this chapter for any violations that could result in disciplinary action as defined in section 338.055. Alternatively, at the discretion of the board, the board may enter into a voluntary compliance agreement with a licensee, permit holder, or registrant to ensure or promote compliance with this chapter and the rules of the board, in lieu of board discipline. The agreement shall be a public record. The time limitation identified in section 324.043 for commencing a disciplinary proceeding shall be tolled while an agreement authorized by this section is in effect.
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(RSMo 1939 § 10012, A.L. 1981 S.B. 16, A.L. 1989 S.B. 39, A.L. 1997 S.B. 141, A.L. 2011 H.B. 412 merged with S.B. 325, A.L. 2019 S.B. 514)
Prior revisions: 1929 § 13148; 1919 § 4720; 1909 § 5772
Structure Missouri Revised Statutes
Title XXII - Occupations and Professions
Chapter 338 - Pharmacists and Pharmacies
Section 338.030 - Applicant — requirements for qualification.
Section 338.043 - Temporary license — eligibility — renewal.
Section 338.050 - Pharmacist license, issued when, period covered.
Section 338.056 - Generic substitutions, when, requirements — violations, penalty.
Section 338.059 - Prescriptions, how labeled.
Section 338.065 - Disciplinary hearings — grounds for discipline.
Section 338.067 - Revocation and restoration of license — conditions.
Section 338.080 - Display of license or renewal required.
Section 338.090 - Sale of poisons — regulations.
Section 338.100 - Records required to be kept — requirements.
Section 338.110 - Board of pharmacy, members, qualifications, terms.
Section 338.120 - Board of pharmacy — organization.
Section 338.130 - Compensation of board members, personnel.
Section 338.132 - Board of pharmacy, salary schedule for employees to be established.
Section 338.142 - Drug take-back program, board authorized to expend, allocate, or award funds.
Section 338.155 - Immunity from civil liability, when.
Section 338.170 - Title of pharmacist — used by whom.
Section 338.180 - Prosecution of offenders.
Section 338.185 - Board has access to certain court records.
Section 338.190 - Violation of law by licensee — penalty.
Section 338.195 - Violation of law by person not licensed — penalty.
Section 338.198 - Pharmacist may fill prescription forwarded by authorized agent.
Section 338.205 - Opioid antagonist, storage and dispensing of without a license, when.
Section 338.230 - Disposition of fees.
Section 338.270 - Renewal applications to be made, when.
Section 338.280 - Board of pharmacy, rules and regulations.
Section 338.285 - Board may file complaint, when, where filed.
Section 338.290 - Appeals from decision of board, notice of right.
Section 338.300 - Permit to be posted — not transferable.
Section 338.310 - Violation, a misdemeanor.
Section 338.320 - Committee established, purpose, members, duties — sunset provision.
Section 338.330 - Definitions.
Section 338.335 - Separate licenses required, when — exemptions.
Section 338.337 - Out-of-state distributors, licenses required, exception.
Section 338.340 - Sale of drugs, out-of-state distributor, license required.
Section 338.343 - Records to be maintained and be available for board inspection.
Section 338.347 - Renewal of license, application.
Section 338.350 - Board of pharmacy to promulgate rules and regulations — procedure.
Section 338.357 - Sanction imposed by board, when.
Section 338.360 - Inspection of premises allowed, when.
Section 338.365 - Injunction may be issued, when, procedure.
Section 338.400 - Standard of care, definitions, rules.
Section 338.500 - Gross retail prescriptions, tax imposed, definitions.
Section 338.505 - Formula for tax liability, rulemaking authority, appeals procedure.
Section 338.515 - Effective date of tax.
Section 338.530 - Offset against Medicaid payments due by pharmacy permitted, when.
Section 338.535 - Remittance to department — pharmacy reimbursement allowance fund created.
Section 338.550 - Expiration date of tax, when.
Section 338.650 - Fund established, use of moneys.
Section 338.700 - Definitions.
Section 338.710 - Program created, goal — authority of board — evaluation report — expiration date.