To repeal section 338.220, RSMo 1994, relating to pharmacists and pharmacies, and to enact in lieu thereof one new section relating to the same subject.

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

     Section A. Section 338.220, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 338.220, to read as follows:

     338.220. 1. It shall be unlawful for any person, copartnership, association, [or] corporation or any other business entity to open, establish, operate or maintain any pharmacy, as defined by statute without first obtaining a permit to do so from the Missouri board of pharmacy. The following classes of pharmacy permits is hereby established:

     (1) Class A: Community/Ambulatory;

     (2) Class B: Hospital;

     (3) Class C: Long term care;

     (4) Class D: Home health care;

     (5) Class E: Radiopharmaceutical;

     (6) Class F: Renal dialysis;

     (7) Class G: Medical gas.

     2. Application for such permit shall be made upon a form furnished to the applicant; shall contain a statement that it is made under oath or affirmation and that its representations are true and correct to the best knowledge and belief of the person signing same, subject to the penalties of making a false affidavit or declaration; and shall be accompanied by a permit fee. The permit issued shall be renewable upon payment of a renewal fee. Separate applications shall be made and separate permits required for each pharmacy opened, established, operated or maintained by the same owner.

     3. All permits or renewal fees collected under the provisions of sections 338.210 to 338.370 shall be deposited in the state treasury to the credit of the Missouri board of pharmacy fund, to be used by the Missouri board of pharmacy in the enforcement of the provisions of sections 338.210 to 338.370, when appropriated for that purpose by the general assembly.