Effective - 28 Aug 2001
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 to the board that a wholesale drug distributorship or pharmacy distributorship is not being operated or conducted according to such legal rules and regulations and the laws of Missouri or any other state or the federal government with respect thereto, to cause a complaint to be filed before the administrative hearing commission pursuant to chapter 621 charging the holder of a license to operate a drug distributorship or pharmacy wholesale operation constituting grounds for discipline in accordance with section 338.055.
2. If the board concludes that a wholesale drug distributor or pharmacy distributor has committed an act or is engaging in a course of conduct which constitutes a clear and present danger to the public health and safety in Missouri, the board may file a complaint before the administrative hearing commission requesting an expedited hearing and specifying the activities which give rise to the danger and the nature of the proposed restriction or suspension of the wholesale drug distributor's or pharmacy distributor's license. Within fifteen days after service of the complaint on a wholesale drug distributor or pharmacy distributor, the administrative hearing commission shall conduct a preliminary hearing to determine whether the alleged activities of the wholesale drug distributor or pharmacy distributor appear to constitute a clear and present danger to the public health and safety which justify that the wholesale drug distributor's or pharmacy distributor's license be immediately restricted or suspended. The burden of proving that a wholesale drug distributor or pharmacy distributor is a clear and present danger to the public health and safety shall be upon the state board of pharmacy. The administrative hearing commission shall issue its decision immediately after the hearing and shall either grant to the board the authority to suspend or restrict the license or dismiss the action.
3. If the administrative hearing commission grants temporary authority to the board to restrict or suspend the wholesale drug distributor's or pharmacy distributor's license, such temporary authority of the board shall become final authority if there is no request by the wholesale drug distributor or pharmacy distributor for a full hearing within thirty days of the preliminary hearing. The administrative hearing commission shall, if requested by the wholesale drug distributor or pharmacy distributor named in the complaint, set a date to hold a full hearing under the provisions of chapter 621 regarding the activities alleged in the initial complaint filed by the board.
4. If the administrative hearing commission dismisses the action filed by the board pursuant to subsection 2 of this section, such dismissal shall not bar the board from initiating a subsequent action on the same grounds.
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(L. 1989 S.B. 39 § 338.395, A.L. 2001 H.B. 567)
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.