Section 338.206

Title XXII OCCUPATIONS AND PROFESSIONS

Chapter 338

Effective - 28 Aug 2026, see footnote   

  338.206.  Medical device, defined — pharmacist may prescribe, when — rules. — 1.  As used in this section, the term "medical device" shall mean equipment that is furnished by a supplier or a home health agency and meets the following conditions:

  (1)  Is a device classified by the U.S. Food and Drug Administration as a Class I or Class II device under 21 U.S.C. Section 360c and its implementing regulations under 21 CFR Parts 860 to 892;

  (2)  Is primarily and customarily used to serve a medical purpose;

  (3)  Generally is not useful to an individual in the absence of an illness or injury; and

  (4)  Is appropriate for use in the home.

  2.  Notwithstanding any provision of this chapter to the contrary, pharmacists may prescribe any medical devices authorized by rule promulgated jointly by the state board of registration for the healing arts and the board of pharmacy in accordance with subsection 3 of this section.

  3.  The state board of registration for the healing arts, pursuant to section 334.125, and the board of pharmacy, pursuant to section 338.140, shall jointly promulgate rules to implement the provisions of this section.  Such rules shall be written and effective within six months of August 28, 2026.

  4.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2026, shall be invalid and void.

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(L. 2026 H.B. 2372 merged with S.B. 878)