338.220. Operation of pharmacy without permit or license unlawful--application for permit, classifications, fee--duration of permit.
Operation of pharmacy without permit or license unlawful--applicationfor permit, classifications, fee--duration of permit.
338.220. 1. It shall be unlawful for any person, copartnership,association, corporation or any other business entity to open, establish,operate, or maintain any pharmacy as defined by statute without firstobtaining a permit or license to do so from the Missouri board of pharmacy.A permit shall not be required for an individual licensed pharmacist toperform nondispensing activities outside of a pharmacy, as provided by therules of the board. A permit shall not be required for an individuallicensed pharmacist to administer drugs, vaccines, and biologicals byprotocol, as permitted by law, outside of a pharmacy. The followingclasses of pharmacy permits or licenses are hereby established:
(1) Class A: Community/ambulatory;
(2) Class B: Hospital outpatient pharmacy;
(3) Class C: Long-term care;
(4) Class D: Nonsterile compounding;
(5) Class E: Radio pharmaceutical;
(6) Class F: Renal dialysis;
(7) Class G: Medical gas;
(8) Class H: Sterile product compounding;
(9) Class I: Consultant services;
(10) Class J: Shared service;
(11) Class K: Internet;
(12) Class L: Veterinary.
2. Application for such permit or license shall be made upon a formfurnished to the applicant; shall contain a statement that it is made underoath or affirmation and that its representations are true and correct tothe best knowledge and belief of the person signing same, subject to thepenalties of making a false affidavit or declaration; and shall beaccompanied by a permit or license fee. The permit or license issued shallbe renewable upon payment of a renewal fee. Separate applications shall bemade and separate permits or licenses required for each pharmacy opened,established, operated, or maintained by the same owner.
3. All permits, licenses or renewal fees collected pursuant to theprovisions of sections 338.210 to 338.370 shall be deposited in the statetreasury to the credit of the Missouri board of pharmacy fund, to be usedby the Missouri board of pharmacy in the enforcement of the provisions ofsections 338.210 to 338.370, when appropriated for that purpose by thegeneral assembly.
4. Class L: veterinary permit shall not be construed to prohibit orinterfere with any legally registered practitioner of veterinary medicinein the compounding or dispensing of their own prescriptions.
5. Notwithstanding any other law to the contrary, the provisions ofthis section shall not apply to the sale, dispensing, or filling of apharmaceutical product or drug used for treating animals.
(L. 1951 p. 734 § 1, A.L. 1969 S.B. 390, A.L. 1981 S.B. 16, A.L. 1989 S.B. 39, A.L. 1997 S.B. 141, A.L. 1999 H.B. 343, A.L. 2001 H.B. 567, A.L. 2004 S.B. 1122, A.L. 2007 H.B. 780 merged with S.B. 272, A.L. 2009 S.B. 296)