338.095. Prescription, drug order, defined--telephone prescription, defined--prescription and medical information may be provided, when.
Prescription, drug order, defined--telephone prescription,defined--prescription and medical information may be provided,when.
338.095. 1. The terms "prescription" and "prescription drug order"are hereby defined as a lawful order for medications or devices issued andsigned by an authorized prescriber within the scope of his professionalpractice which is to be dispensed or administered by a pharmacist ordispensed or administered pursuant to section 334.104, RSMo, to and for theultimate user. The terms "prescription" and "drug order" do not include anorder for medication requiring a prescription to be dispensed, which isprovided for the immediate administration to the ultimate user orrecipient.
2. The term "telephone prescription" is defined as an order formedications or devices transmitted to a pharmacist by telephone or similarelectronic medium by an authorized prescriber or his authorized agentacting in the course of his professional practice which is to be dispensedor administered by a pharmacist or dispensed or administered pursuant tosection 334.104, RSMo, to and for the ultimate user. A telephoneprescription shall be promptly reduced to written or electronic medium bythe pharmacist and shall comply with all laws governing prescriptions andrecord keeping.
3. A licensed pharmacist may lawfully provide prescription or medicalinformation to a licensed health care provider or his agent who is legallyqualified to administer medications and treatments and who is involved inthe treatment of the patient. The information may be derived by directcontact with the prescriber or through a written protocol approved by theprescriber. Such information shall authorize the provider to administerappropriate medications and treatments.
4. Nothing in this section shall be construed to limit the authorityof other licensed health care providers to prescribe, administer, ordispense medications and treatments within the scope of their professionalpractice.
5. It shall be an unauthorized practice of pharmacy and henceunlawful for any person other than the patient or the patient's authorizedrepresentative to accept a prescription presented to be dispensed unlessthat person is located on a premises licensed by the board as a pharmacy.
(L. 1993 H.B. 564, A.L. 2007 S.B. 195)