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4496S.02C
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SENATE COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 1069
AN ACT
To repeal sections 195.417 and 579.060, RSMo, and to
enact in lieu thereof two new sections relating to
limits on selling or purchasing certain drugs, with
penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 195.417 and 579.060, RSMo, are
repealed and two new sections enacted in lieu thereof, to be
known as sections 195.417 and 579.060, to read as follows:
195.417. 1. The limits specified in this section
shall not apply to any quantity of such product, mixture, or
preparation which must be dispensed, sold, or distributed in
a pharmacy pursuant to a valid prescription.
2. Within any thirty-day period, no person shall sell,
dispense, or otherwise provide to the same individual, and
no person shall purchase, receive, or otherwise acquire more
than the following amount: any number of packages of any
drug product containing any detectable amount of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their
salts or optical isomers, or salts of optical isomers,
either as:
(1) The sole active ingredient; or
(2) One of the active ingredients of a combination
drug; or
(3) A combination of any of the products specified in
subdivisions (1) and (2) of this subsection;
in any total amount greater than seven and two-tenths grams,
without regard to the number of transactions.
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3. Within any twenty-four-hour period, no pharmacist,
intern pharmacist, or registered pharmacy technician shall
sell, dispense, or otherwise provide to the same individual,
and no person shall purchase, receive, or otherwise acquire
more than the following amount: any number of packages of
any drug product containing any detectable amount of
ephedrine, phenylpropanolamine, or pseudoephedrine, or any
of their salts or optical isomers, or salts of optical
isomers, either as:
(1) The sole active ingredient; or
(2) One of the active ingredients of a combination
drug; or
(3) A combination of any of the products specified in
subdivisions (1) and (2) of this subsection;
in any total amount greater than three and six-tenths grams
without regard to the number of transactions.
4. Within any twelve-month period, no person shall
sell, dispense, or otherwise provide to the same individual,
and no person shall purchase, receive, or otherwise acquire
more than the following amount: any number of packages of
any drug product containing any detectable amount of
ephedrine, phenylpropanolamine, or pseudoephedrine, or any
of their salts or optical isomers, or salts of optical
isomers, either as:
(1) The sole active ingredient; or
(2) One of the active ingredients of a combination
drug; or
(3) A combination of any of the products specified in
subdivisions (1) and (2) of this subsection;
in any total amount greater than [forty-three] sixty-one and
two-tenths grams, without regard to the number of
transactions.
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5. All packages of any compound, mixture, or
preparation containing any detectable quantity of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their
salts or optical isomers, or salts of optical isomers,
except those that are excluded from Schedule V in subsection
17 or 18 of section 195.017, shall be offered for sale only
from behind a pharmacy counter where the public is not
permitted, and only by a registered pharmacist or registered
pharmacy technician under section 195.017.
6. Each pharmacy shall submit information regarding
sales of any compound, mixture, or preparation as specified
in this section in accordance with transmission methods and
frequency established by the department by regulation.
7. (1) As used in this subsection, "administrator of
the real-time electronic pseudoephedrine tracking system"
means the entity responsible for developing, implementing,
and maintaining the data collection system described in 19
CSR 30-1.074 or any successor regulation.
(2) Beginning October 1, 2026, and continuing
thereafter, any manufacturer of any compound, mixture, or
preparation specified in this section that is sold in or
into the state shall, on a monthly basis, pay fees to the
administrator of the real-time electronic pseudoephedrine
tracking system.
(3) The administrator of the real-time electronic
pseudoephedrine tracking system shall be responsible for
setting the fee levels required under this subsection.
(4) Upon the request of the department of health and
senior services, any manufacturer required to pay fees under
this subsection shall provide written documentation
demonstrating that the manufacturer has paid such fees.
(5) The fees required under this subsection shall be
assessed against each manufacturer solely on the basis of
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sales transactions involving that manufacturer's own
compounds, mixtures, or preparations sold in or into the
state. No manufacturer shall be assessed fees based upon
transactions attributable to the compounds, mixtures, or
preparations of any other manufacturer.
8. No prescription shall be required for the
dispensation, sale, or distribution of any drug product
containing any detectable amount of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their
salts or optical isomers, or salts of optical isomers, in an
amount within the limits described in subsections 2, 3, and
4 of this section. The superintendent of the Missouri state
highway patrol shall report to the revisor of statutes and
the general assembly by February first when the statewide
number of methamphetamine laboratory seizure incidents
exceeds three hundred incidents in the previous calendar
year. The provisions of this subsection shall expire on
April first of the calendar year in which the revisor of
statutes receives such notification.
[8.] 9. This section shall supersede and preempt any
local ordinances or regulations, including any ordinances or
regulations enacted by any political subdivision of the
state. This section shall not apply to the sale of any
animal feed products containing ephedrine or any naturally
occurring or herbal ephedra or extract of ephedra.
[9.] 10. Any local ordinances or regulations enacted
by any political subdivision of the state prior to August
28, 2020, requiring a prescription for the dispensation,
sale, or distribution of any drug product containing any
detectable amount of ephedrine, phenylpropanolamine, or
pseudoephedrine, or any of their salts or optical isomers,
or salts of optical isomers, in an amount within the limits
described in subsections 2, 3, and 4 of this section shall
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be void and of no effect and no such political subdivision
shall maintain or enforce such ordinance or regulation.
[10.] 11. All logs, records, documents, and electronic
information maintained for the dispensing of these products
shall be open for inspection and copying by municipal,
county, and state or federal law enforcement officers whose
duty it is to enforce the controlled substances laws of this
state or the United States.
[11.] 12. All persons who dispense or offer for sale
pseudoephedrine and ephedrine products, except those that
are excluded from Schedule V in subsection 17 or 18 of
section 195.017, shall ensure that all such products are
located only behind a pharmacy counter where the public is
not permitted.
[12.] 13. The penalty for a knowing or reckless
violation of this section is found in section 579.060.
579.060. 1. A person commits the offense of unlawful
sale, distribution, or purchase of over-the-counter
methamphetamine precursor drugs if he or she knowingly:
(1) Sells, distributes, dispenses, or otherwise
provides any number of packages of any drug product
containing detectable amounts of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their
salts, optical isomers, or salts of optical isomers, in a
total amount greater than seven and two-tenths grams to the
same individual within a thirty-day period, unless the
amount is dispensed, sold, or distributed pursuant to a
valid prescription; or
(2) Purchases, receives, or otherwise acquires within
a thirty-day period any number of packages of any drug
product containing any detectable amount of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their
salts or optical isomers, or salts of optical isomers in a
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total amount greater than seven and two-tenths grams,
without regard to the number of transactions, unless the
amount is purchased, received, or acquired pursuant to a
valid prescription; or
(3) Purchases, receives, or otherwise acquires within
a twenty-four-hour period any number of packages of any drug
product containing any detectable amount of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their
salts or optical isomers, or salts of optical isomers in a
total amount greater than three and six-tenths grams,
without regard to the number of transactions, unless the
amount is purchased, received, or acquired pursuant to a
valid prescription; or
(4) Sells, distributes, dispenses, or otherwise
provides any number of packages of any drug product
containing detectable amounts of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their
salts, optical isomers, or salts of optical isomers, in a
total amount greater than [forty-three] sixty-one and two-
tenths grams to the same individual within a twelve-month
period, unless the amount is dispensed, sold, or distributed
pursuant to a valid prescription; or
(5) Purchases, receives, or otherwise acquires within
a twelve-month period any number of packages of any drug
product containing any detectable amount of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their
salts or optical isomers, or salts of optical isomers in a
total amount greater than [forty-three] sixty-one and two-
tenths grams, without regard to the number of transactions,
unless the amount is purchased, received, or acquired
pursuant to a valid prescription; or
(6) Dispenses or offers drug products that are not
excluded from Schedule V in subsection 17 or 18 of section
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195.017 and that contain detectable amounts of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their
salts, optical isomers, or salts of optical isomers, without
ensuring that such products are located behind a pharmacy
counter where the public is not permitted and that such
products are dispensed by a registered pharmacist or
pharmacy technician under subsection 11 of section 195.017;
or
(7) Holds a retail sales license issued under chapter
144 and knowingly sells or dispenses packages that do not
conform to the packaging requirements of section 195.418.
2. A pharmacist, intern pharmacist, or registered
pharmacy technician commits the offense of unlawful sale,
distribution, or purchase of over-the-counter
methamphetamine precursor drugs if he or she knowingly:
(1) Sells, distributes, dispenses, or otherwise
provides any number of packages of any drug product
containing detectable amounts of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their
salts or optical isomers, or salts of optical isomers, in a
total amount greater than three and six-tenth grams to the
same individual within a twenty-four hour period, unless the
amount is dispensed, sold, or distributed pursuant to a
valid prescription; or
(2) Fails to submit information under subsection 13 of
section 195.017 and subsection 6 of section 195.417 about
the sales of any compound, mixture, or preparation of
products containing detectable amounts of ephedrine,
phenylpropanolamine, or pseudoephedrine, or any of their
salts, optical isomers, or salts of optical isomers, in
accordance with transmission methods and frequency
established by the department of health and senior services;
or
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(3) Fails to implement and maintain an electronic log,
as required by subsection 12 of section 195.017, of each
transaction involving any detectable quantity of
pseudoephedrine, its salts, isomers, or salts of optical
isomers or ephedrine, its salts, optical isomers, or salts
of optical isomers; or
(4) Sells, distributes, dispenses or otherwise
provides to an individual under eighteen years of age
without a valid prescription any number of packages of any
drug product containing any detectable quantity of
pseudoephedrine, its salts, isomers, or salts of optical
isomers, or ephedrine, its salts or optical isomers, or
salts of optical isomers.
3. Any person who violates the packaging requirements
of section 195.418 and is considered the general owner or
operator of the outlet where ephedrine, pseudoephedrine, or
phenylpropanolamine products are available for sale shall
not be penalized if he or she documents that an employee
training program was in place to provide the employee who
made the unlawful retail sale with information on the state
and federal regulations regarding ephedrine,
pseudoephedrine, or phenylpropanolamine.
4. A manufacturer commits the offense of unlawful
sale, distribution, or purchase of over-the-counter
methamphetamine precursor drugs if he or she knowingly fails
to pay the fees required under subsection 7 of section
195.417.
5. The offense of unlawful sale, distribution, or
purchase of over-the-counter methamphetamine precursor drugs
is a class A misdemeanor.