Section 338.015

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 338

Effective - 28 Aug 2019, 2 histories   

  338.015.  Patient's freedom of choice to obtain prescription services, waiver — consultation and advice. — 1.  The provisions of sections 338.010 to 338.015 shall not be construed to inhibit the patient's freedom of choice to obtain prescription services from any licensed pharmacist.  However, nothing in sections 338.010 to 338.315 abrogates the patient's ability to waive freedom of choice under any contract with regard to payment or coverage of prescription expense.

  2.  All pharmacists may provide pharmaceutical consultation and advice to persons concerning the safe and therapeutic use of their prescription drugs.

  3.  All patients shall have the right to receive a written prescription from their prescriber to take to the facility of their choice or to have an electronic prescription transmitted to the facility of their choice.

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(L. 1990 H.B. 1287, A.L. 2019 S.B. 514)

(1992) The use of the word "may" in statute permits pharmacist to provide consultation and advice to customers but does not impose duty on pharmacists to monitor customer's use of prescription drugs.  Kampe v. Howard Stark Professional Pharmacy Inc., 841 S.W.2d 223 (Mo. App. W.D.).