Section 338.210

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 338

Effective - 28 Aug 2020, 3 histories   

  338.210.  Pharmacy defined — practice of pharmacy to be conducted at pharmacy location — rulemaking authority. — 1.  Pharmacy refers to any location where the practice of pharmacy occurs or such activities are offered or provided by a pharmacist or 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, any legend drugs under 21 U.S.C. Section 353, prescriptions, or poisons are compounded, 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 understanding are used in any form to advertise retail products or services;

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

  (5)  Where the practice of pharmacy occurs or is offered at a remote dispensing pharmacy site.

  2.  All activity or conduct involving the practice of pharmacy as it relates to an identifiable prescription or drug order shall occur at the pharmacy location where such identifiable prescription or drug order is first presented by the patient or the patient's authorized agent for preparation or dispensing, unless otherwise expressly authorized by the board.

  3.  The requirements set forth in subsection 2 of this section shall not be construed to bar the complete transfer of an identifiable prescription or drug order pursuant to a verbal request by or the written consent of the patient or the patient's authorized agent.

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

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

  6.  Nothing in this section shall be construed to supersede the provisions of section 197.100.

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(L. 1951 p. 734 § 1(a), A.L. 2001 H.B. 567, A.L. 2011 H.B. 412 merged with S.B. 325, A.L. 2020 H.B. 1682)