Section 195.417

Title XII PUBLIC HEALTH AND WELFARE

Chapter 195

Effective - 28 Aug 2020, 6 histories   

  195.417.  Limit on sale or dispensing of certain drugs, exceptions — prescription for certain substances not required, when, expiration when — local ordinances, state law to supercede and preempt — violations, penalty. — 1.  The limits specified in this section shall not apply to any quantity of such product, mixture, or preparation which must be dispensed, sold, or distributed in a pharmacy pursuant to a valid prescription.

  2.  Within any thirty-day period, no person shall sell, dispense, or otherwise provide to the same individual, and no person shall purchase, receive, or otherwise acquire more than the following amount:  any number of packages of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, either as:

  (1)  The sole active ingredient; or

  (2)  One of the active ingredients of a combination drug; or

  (3)  A combination of any of the products specified in subdivisions (1) and (2) of this subsection;

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in any total amount greater than seven and two-tenths grams, without regard to the number of transactions.

  3.  Within any twenty-four-hour period, no pharmacist, intern pharmacist, or registered pharmacy technician shall sell, dispense, or otherwise provide to the same individual, and no person shall purchase, receive, or otherwise acquire more than the following amount:  any number of packages of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, either as:

  (1)  The sole active ingredient; or

  (2)  One of the active ingredients of a combination drug; or

  (3)  A combination of any of the products specified in subdivisions (1) and (2) of this subsection;

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in any total amount greater than three and six-tenths grams without regard to the number of transactions.

  4.  Within any twelve-month period, no person shall sell, dispense, or otherwise provide to the same individual, and no person shall purchase, receive, or otherwise acquire more than the following amount:  any number of packages of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, either as:

  (1)  The sole active ingredient; or

  (2)  One of the active ingredients of a combination drug; or

  (3)  A combination of any of the products specified in subdivisions (1) and (2) of this subsection;

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in any total amount greater than forty-three and two-tenths grams, without regard to the number of transactions.

  5.  All packages of any compound, mixture, or preparation containing any detectable quantity of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, except those that are excluded from Schedule V in subsection 17 or 18 of section 195.017, shall be offered for sale only from behind a pharmacy counter where the public is not permitted, and only by a registered pharmacist or registered pharmacy technician under section 195.017.

  6.  Each pharmacy shall submit information regarding sales of any compound, mixture, or preparation as specified in this section in accordance with transmission methods and frequency established by the department by regulation.

  ^*7.  No prescription shall be required for the dispensation, sale, or distribution of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, in an amount within the limits described in subsections 2, 3, and 4 of this section.  The superintendent of the Missouri state highway patrol shall report to the revisor of statutes and the general assembly by February first when the statewide number of methamphetamine laboratory seizure incidents exceeds three hundred incidents in the previous calendar year.  The provisions of this subsection shall expire on April first of the calendar year in which the revisor of statutes receives such notification.

  8.  This section shall supersede and preempt any local ordinances or regulations, including any ordinances or regulations enacted by any political subdivision of the state.  This section shall not apply to the sale of any animal feed products containing ephedrine or any naturally occurring or herbal ephedra or extract of ephedra.

  9.  Any local ordinances or regulations enacted by any political subdivision of the state prior to August 28, 2020, requiring a prescription for the dispensation, sale, or distribution of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, in an amount within the limits described in subsections 2, 3, and 4 of this section shall be void and of no effect and no such political subdivision shall maintain or enforce such ordinance or regulation.

  10.  All logs, records, documents, and electronic information maintained for the dispensing of these products shall be open for inspection and copying by municipal, county, and state or federal law enforcement officers whose duty it is to enforce the controlled substances laws of this state or the United States.

  11.  All persons who dispense or offer for sale pseudoephedrine and ephedrine products, except those that are excluded from Schedule V in subsection 17 or 18 of section 195.017, shall ensure that all such products are located only behind a pharmacy counter where the public is not permitted.

  12.  The penalty for a knowing or reckless violation of this section is found in section 579.060.

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(L. 2001 H.B. 471 merged with S.B. 89 & 37, A.L. 2003 H.B. 470 merged with S.B. 39, A.L. 2005 H.B. 441 merged with S.B. 10 & 27, A.L. 2008 S.B. 724, A.L. 2014 S.B. 491, A.L. 2020 H.B. 1682 merged with H.B. 1896)

*Contingent expiration date, subsection 7.

*Revisor's note:  To date, no notice has been provided to the Revisor of Statutes under subsection 7.