Effective - 28 Aug 2016, 2 histories
*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 authorization from the prescriber, a pharmacist may dispense an emergency supply of medication if:
(1) In the pharmacist's professional judgment, interruption of therapy might reasonably produce undesirable health consequences;
(2) The pharmacy previously dispensed or refilled a prescription from the applicable prescriber for the same patient and medication;
(3) The medication dispensed is not a controlled substance;
(4) The pharmacist informs the patient or the patient's agent either verbally, electronically, or in writing at the time of dispensing that authorization of a prescriber is required for future refills; and
(5) The pharmacist documents the emergency dispensing in the patient's prescription record, as provided by the board by rule.
2. (1) If the pharmacist is unable to obtain refill authorization from the prescriber, the amount dispensed shall be limited to the amount determined by the pharmacist within his or her professional judgment as needed for the emergency period, provided the amount dispensed shall not exceed a seven-day supply.
(2) In the event of prescriber death or incapacity or inability of the prescriber to provide medical services, the amount dispensed shall not exceed a thirty-day supply.
3. Pharmacists or permit holders dispensing an emergency supply pursuant to this section shall promptly notify the prescriber or the prescriber's office of the emergency dispensing, as required by the board by rule.
4. An emergency supply may not be dispensed pursuant to this section if the pharmacist has knowledge that the prescriber has otherwise prohibited or restricted emergency dispensing for the applicable patient.
5. The determination to dispense an emergency supply of medication under this section shall only be made by a pharmacist licensed by the board.
6. The board shall promulgate rules to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2013, shall be invalid and void.
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(L. 2013 H.B. 315, A.L 2016 S.B. 608 merged with S.B. 635)
Effective 8-28-16 (S.B. 635); *10-14-16 (S.B. 608), see § 21.250
*S.B. 608 was vetoed July 5, 2016. The veto was overridden on September 14, 2016.
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.