To repeal sections 338.070, 338.100 and 338.365, RSMo 1994, relating to pharmacies, and to enact in lieu thereof five new sections relating to the same subject.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Section A. Sections 338.070, 338.100 and 338.365, RSMo 1994, are repealed and five new sections enacted in lieu thereof, to be known as sections 338.013, 338.070, 338.100, 338.363, and 338.365, to read as follows:

338.013. 1. Any person desiring to assist a pharmacist in the practice of pharmacy as defined in section 338.010 shall apply to the board of pharmacy for registration as a registered pharmacy technician, auxiliary person. Such applicant shall be of the age of eighteen or over and shall not have engaged in conduct or behavior determined to be grounds for discipline pursuant to section 338.055. Such applicant shall forward to the board the appropriate fee and written application on a form provided by the board. Such registration shall be the sole authority required to assist licensed pharmacists in the practice of pharmacy as defined in section 338.010.

2. An applicant for registration as a pharmacy technician may assist a registered pharmacist in the practice of pharmacy as defined in section 338.010 for a period of up to sixty days prior to the issuance of a certificate of registration if the applicant has submitted the required fee and application for registration to the board of pharmacy. The applicant shall keep a copy of the submitted application on the premises where the applicant is employed.

3. A certificate of registration that has been issued by the board shall be conspicuously displayed in the pharmacy or place of business where the registrant to whom it was issued is employed.

4. Every registered technician, auxiliary person, who desires to continue a registration, as provided in this section, shall, within thirty days before the registration expiration date, file an application for the renewal, which application shall be accompanied by the fee prescribed by the board. No registration, as provided in this section, shall be considered valid unless it is maintained in a current and active state.

338.070. 1. The board of pharmacy shall set the amount of the fees which this chapter authorizes and requires by rules and regulations promulgated pursuant to section 536.021, RSMo. The fees shall be set at a level to produce revenue which shall not substantially exceed the cost and expense of administering this chapter. All fees shall be paid before an applicant may be admitted to examination or his or her name placed upon the register of pharmacists, or before any license or permit, or any renewal thereof, is issued by the board.

2. All fees payable [under] pursuant to the provisions of this chapter shall be collected by the division of professional registration and transmitted to the department of revenue for deposit in the state treasury to the credit of the fund to be known as the "Board of Pharmacy Fund".

3. The provisions of section 33.080, RSMo, to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriation from the board's funds for the preceding fiscal year or, if the board requires by rule permit renewal less frequently than yearly, then three times the appropriation from the board's funds for the preceding fiscal year. The amount, if any, in the fund which shall lapse is that amount in the fund which exceeds the appropriate multiple of the appropriations from the board's funds for the preceding fiscal year.

4. Other provisions of this chapter to the contrary notwithstanding, the board of pharmacy need not collect or process fees required for testing if the fees are paid by license applicants or licensees directly to a testing service and if no part of the fee is remitted to the board from the testing service.

338.100. 1. Every permit holder of a licensed pharmacy shall cause to be kept in a uniform fashion consistent with this section a suitable file in which shall be preserved, for a period of not less than [five] three years, the original or order of each drug which has been compounded or dispensed at such pharmacy, numbering, dating and filing them in the order in which they are compounded or dispensed, and shall produce the same in court or before any grand jury whenever lawfully required. The pharmacist in charge shall be responsible for complying with the permit holder's record keeping system in compliance with this section. Upon request, the pharmacist in charge of such pharmacy shall furnish to the prescriber, and may, except when otherwise instructed by the prescriber, furnish to the person for whom such prescription was compounded or dispensed, a true and correct copy of the original prescription, and the file of original prescriptions shall at all times be open for inspection by duly authorized officers of the law.

2. An institutional pharmacy located in a hospital shall be responsible for maintaining records of the transactions of the pharmacy as required by federal and state laws and as necessary to maintain adequate control and accountability of all drugs. This shall include a system of controls and records for the requisitioning and dispensing of pharmaceutical supplies where applicable to patients, nursing care units and to other departments or services [on] of the institution. Inspection performed pursuant to this subsection shall be consistent with the provisions of section 197.100, RSMo.

338.363. Any person, organization, association or corporation who reports or provides information to the board of pharmacy pursuant to the provisions of this chapter and who does so in good faith shall not be subject to an action for civil damages as a result thereof.

338.365. 1. Upon proper application by the board of pharmacy, a court of competent jurisdiction may grant an injunction, restraining order or other order as may be appropriate to enjoin a person from:

(1) Offering to engage or engaging in the performance of any acts or practices for which a certificate of registration or authority, permit or license is required [in sections 338.010 to 338.370] by this chapter upon a showing that such acts or practices were performed or offered to be performed without a certificate of registration or authority, permit or license[.]; or

(2) Engaging in any practice or business authorized by a certificate of registration or authority, permit or license issued pursuant to this chapter upon a showing that the holder presents a probability of serious danger to the health, safety or welfare of any resident of the state or client or patient.

2. Any such actions shall be commenced either in the county in which such conduct occurred or in the county in which defendant resides.

3. Any action brought [under] pursuant to this section shall be in addition and not in lieu of any penalty provided by law and may be brought concurrently with other actions to enforce this chapter.