Bill Text: MO HB1070 | 2012 | Regular Session | Introduced
Bill Title: Allows a pharmacy to sell, purchase, or trade legend drugs to other retail pharmacies or authorized licensed practitioners under certain conditions
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-30 - Withdrawn (H) [HB1070 Detail]
Download: Missouri-2012-HB1070-Introduced.html
SECOND REGULAR SESSION
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SATER.
4615L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 338.315, RSMo, and to enact in lieu thereof one new section relating to legend drugs, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 338.315, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 338.315, to read as follows:
338.315. 1. It shall be unlawful for any pharmacist, pharmacy owner or person employed by a pharmacy to knowingly purchase or receive any legend drugs under 21 U.S.C. Section 353 from other than a licensed or registered drug distributor or licensed pharmacy. Any person who violates the provisions of this section shall, upon conviction, be adjudged guilty of a class A misdemeanor. Any subsequent conviction shall constitute a class D felony.
2. Notwithstanding any other provision of law to the contrary, the sale, purchase, or trade of a prescription drug by a retail pharmacy to other retail pharmacies or licensed practitioners authorized to prescribe legend drugs is permitted for office use if the total dollar volume of such sales, purchases, or trades does not exceed five percent of the pharmacy's total annual prescription drug sales.
3. Pharmacies shall establish and maintain inventories and records of all transactions regarding the receipt and distribution or other disposition of legend drugs. Such records shall be maintained for two years and be readily available upon request by the board or its representatives.
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