Missouri Code of State Regulations
Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE
Division 2220 - State Board of Pharmacy
Chapter 2 - General Rules
Section 20 CSR 2220-2.020 - Pharmacy Permit
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: The board is amending subsection (9)(K) and section (11) of this rule to allow Missouri pharmacies to dispense prescriptions written by an authorized prescriber based on a valid medical evaluation. The board is also amending other provisions of the rule to address signature requirements for entities submitting a pharmacy permit application and to update the rule's current definitions of specific pharmacy classes.
(1) All permits for the operation of a pharmacy shall expire on the date specified by the director of the Division of Professional Registration pursuant to 20 CSR 2231-2.010.
(2) A pharmacy permit may be issued on the application of the owners. If the owner is a corporation, an officer of the corporation must sign the application as the applicant. If the owner is a partnership, a partner must sign the application as the applicant. If the owner is a limited liability partnership, a general partner must sign the application as the applicant. If the owner is a limited liability company, a member must sign the application as the applicant. In the case where a pharmacy is owned and operated by a person(s) who is a licensed pharmacist and in active charge of the pharmacy, the application for permit can be made by either party. Alternatively, a pharmacy permit application may be signed by an attorney or other person lawfully granted power of attorney to sign the application on the applicant's behalf. In such case, a representative of the applicant shall review the application for truth and accuracy prior to submitting the application to the board. Proof of a power of attorney designation shall be submitted with the application.
(3) When a pharmacy changes ownership, the original permit becomes void on the effective date of the change of ownership. Before any new business entity resulting from the change opens a pharmacy for business, it must obtain a new permit from the board. A temporary license shall be issued once a completed application and fee have been received by the board. The effective date of the temporary license may be the date the change of ownership is listed as effective on the application. Such license shall remain in effect until a permanent license is issued or denied by the board.
(4) If an individual or business entity operating a pharmacy changes the location of the pharmacy to a new facility (structure), the pharmacy shall not open for business at the new location until the board or its duly authorized agent has inspected the premises of the new location and approved it and the pharmacy as being in compliance with section 338.240, RSMo and all other provisions of the law. Upon the approval and receipt of a change of location fee, the board shall issue a permit authorizing operation of a pharmacy at the new location and the permit shall bear the same number as the previous pharmacy permit. However, the permit remains valid if the pharmacy address changes, but not the location, and an amended permit will be issued without charge under these circumstances.
(5) Permits, when issued, will bear an original number. Permits must be posted in a conspicuous place in the pharmacy to which it is issued.
(6) No pharmacy permit will be issued unless the pharmacy area is under the direct supervision of a licensed pharmacist in good standing with the Missouri State Board of Pharmacy who is designated as the pharmacist-in-charge and meets the requirements of 20 CSR 2220-2.090.
(7) If the owner/applicant is not the licensed pharmacist-in-charge, then the pharmacist-in-charge must meet the requirements of 20 CSR 2220-2.090 and complete the pharmacist-in-charge affidavit of the permit application.
(8) The names of all pharmacists regularly working in a pharmacy shall be clearly displayed on the premises of every establishment having a pharmacy permit.
(9) he following classes of pharmacy permits or licenses are hereby established for entities providing services as defined in section 338.010, RSMo:
(10) Pharmacy applications for initial licensure or renewals of a license shall accurately note each class of pharmacy that is practiced at the location noted on the application or renewal thereof. The permit (license) issued by the board shall list each class of licensure that the pharmacy is approved to engage in. A Pharmacy Change of Classification Application shall be filed with the board prior to adding or deleting any pharmacy classes with the applicable fee.
(11) Prescriptions processed by any classification of licensed pharmacy must be provided by a practitioner licensed in the United States, authorized by law to prescribe drugs, and who has performed a medical evaluation of the patient as required by law.
*Original authority: 338.140, RSMo 1939, amended 1981, 1989, 1997 and 338.280, RSMo 1951, amended 1971, 1981 .