To repeal sections 338.196, 338.220 and 338.365, RSMo 1994, relating to pharmacists and pharmacies, and to enact in lieu thereof three new sections relating to the same subject.

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

     Section A. Sections 338.196, 338.220 and 338.365, RSMo 1994, are repealed and three new sections enacted in lieu thereof, to be known as sections 338.220, 338.363 and 338.365, to read as follows:

          [338.196. Notwithstanding the provisions of section 338.056 to the contrary, a pharmacist may fill a prescription written by a practitioner licensed in a state other than Missouri according to the practitioner's direction as to generic substitution.]

     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 board of pharmacy may promulgate regulations establishing various permit classifications and standards of operation for pharmacies. Standards for permit classifications may vary, depending upon the population served, but shall be consistently and uniformly enforced.

     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.

     338.363. Any person, organization, association, corporation or any other entity 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 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.