338.210. Pharmacy defined--practice of pharmacy to be conducted at pharmacy location--rulemaking authority. - Missouri Statutes

Pharmacy defined--practice of pharmacy to be conducted at pharmacylocation--rulemaking authority.

338.210. 1. Pharmacy refers to any location where the practice ofpharmacy occurs or such activities are offered or provided by a pharmacistor another acting under the supervision and authority of a pharmacist,including every premises or other place:

(1) Where the practice of pharmacy is offered or conducted;

(2) Where drugs, chemicals, medicines, prescriptions, or poisons arecompounded, prepared, dispensed or sold or offered for sale at retail;

(3) Where the words "pharmacist", "apothecary", "drugstore", "drugs",and any other symbols, words or phrases of similar meaning or understandingare used in any form to advertise retail products or services;

(4) Where patient records or other information is maintained for thepurpose of engaging or offering to engage in the practice of pharmacy or tocomply with any relevant laws regulating the acquisition, possession,handling, transfer, sale or destruction of drugs, chemicals, medicines,prescriptions or poisons.

2. All activity or conduct involving the practice of pharmacy as itrelates to an identifiable prescription or drug order shall occur at thepharmacy location where such identifiable prescription or drug order isfirst presented by the patient or the patient's authorized agent forpreparation or dispensing, unless otherwise expressly authorized by theboard.

3. The requirements set forth in subsection 2 of this section shallnot be construed to bar the complete transfer of an identifiableprescription or drug order pursuant to a verbal request by or the writtenconsent of the patient or the patient's authorized agent.

4. The board is hereby authorized to enact rules waiving therequirements of subsection 2 of this section and establishing such termsand conditions as it deems necessary, whereby any activities related to thepreparation, dispensing or recording of an identifiable prescription ordrug order may be shared between separately licensed facilities.

5. If a violation of this chapter or other relevant law occurs inconnection with or adjunct to the preparation or dispensing of aprescription or drug order, any permit holder or pharmacist-in-charge atany facility participating in the preparation, dispensing, or distributionof a prescription or drug order may be deemed liable for such violation.

6. Nothing in this section shall be construed to supersede theprovisions of section 197.100, RSMo.

(L. 1951 p. 734 § 1(a), A.L. 2001 H.B. 567)