Modifies the duties of a pharmacist

SECOND REGULAR SESSION
HOUSE BILL NO. 3499
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE COOK.
7460H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 338.012, RSMo, and to enact in lieu thereof two new sections relating to the
duties of a pharmacist.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 338.012, RSMo, is repealed and two new sections enacted in lieu
2 thereof, to be known as sections 338.012 and 338.206, to read as follows:
338.012. 1. A pharmacist with a certificate of medication therapeutic plan authority
2 may provide influenza, group A streptococcus, and COVID-19 medication therapy services
3 pursuant to [ a statewide standing order issued by the director or chief medical of ficer of the
4 department of health and senior services if that person is a licensed physician, or a licensed
5 physician designated by the department of health and senior services ] rules established by
6 the board of pharmacy and the state board of r egistration for the healing arts, as
7 described in this section .
8 2. The state board of registration for the healing arts, pursuant to section 334.125, and
9 the state board of pharmacy , pursuant to section 338.140, shall jointly promulgate rules to
10 implement the provisions of this section. Any rule or portion of a rule, as that term is defined
11 in section 536.010, that is created under the authority delegated in this section shall become
12 ef fective only if it complies with and is subject to all of the provisions of chapter 536 and, if
13 applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the
14 powers vested with the general assembly pursuant to chapter 536 to review , to delay the
15 ef fective date, or to disapprove and annul a rule are subsequently held unconstitutional, then
16 the grant of rulemaking authority and any rule proposed or adopted after August 28, 2023,
17 shall be invalid and void.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
338.206 . 1. As used in this section, the term "medical device" shall mean
2 equipment that is furnished by a supplier or a home health agency and meets the
3 following conditions:
4 (1) Is a device classified by the United States Food and Drug Administration as a
5 Class I or Class II under 21 U.S.C. Section 360 and its implementing regu lations under
6 21 CFR Parts 860 to 892;
7 (2) Is primarily and customarily used to serve a medical purpose;
8 (3) Generally is not useful to an individual in the absence of an illness or injury;
9 and
10 (4) Is appr opriate for use in the home.
11 2. Notwithstanding any pro vision of this chapter to the contrary , pharmacists
12 may pr escribe any medical devices authorized by rule pr omulgated jointly by the state
13 board of regi stration for the healing arts and the board of pharmacy in accordance with
14 subsection 3 of this section.
15 3. The state board of reg istration for the healing arts, pursuant to section
16 334.125, and the board of pharmacy , pursuant to section 338.140, shall jointly
17 pr omulgate rules to implement the pr ovisions of this section. Such rules shall be written
18 and effective within six months of the effective date of this act.
19 4. Any rule or portion of a rule, as that term is defined in section 536.010, that is
20 cr eated under the authority delegated in this section shall become effective only if it
21 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
22 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
23 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
24 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
25 then the grant of rulemaking authority and any rule pro posed or adopted after August
26 28, 2026, shall be invalid and void.
✔
HB 3499 2