Allows the Board of Pharmacy to waive compliance with any Missouri rule for certain nonprofit pharmacies during emergencies

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Allows the Board of Pharmacy to waive compliance with any Missouri rule for certain nonprofit pharmacies during emergencies

The following summaries of this bill are available: Print All Summaries Introduced Print SB 1640 - The Board of Pharmacy shall have the authority to waive compliance with any Missouri rule or regulation for nonprofit pharmacies dispensing, shipping, or delivering prescription drugs into another state or United States territory that is experiencing a declared state disaster or emergency, provided that: (1) The nonprofit pharmacy is a licensed pharmacy in good standing and is authorized to ship prescription drugs into such state or territory; (2) The nonprofit pharmacy is responding to a declared state disaster or emergency; (3) The nonprofit pharmacy complies with all emergency rules and regulations for pharmacies and nonprofit pharmacies established by the state or territory for the duration of the disaster period; (4) The nonprofit pharmacy complies with all applicable federal laws and regulations; and (5) The waiver applies only to prescription drugs dispensed, shipped, or delivered to residents or health care facilities located within the geographic area specified in the declared state disaster or emergency.

What This Bill Does

• The following summaries of this bill are available: Print All Summaries Introduced Print SB 1640 - The Board of Pharmacy shall have the authority to waive compliance with any Missouri rule or regulation for nonprofit pharmacies dispensing, shipping, or delivering prescription drugs into another state or United States territory that is experiencing a declared state disaster or emergency, provided that: (1) The nonprofit pharmacy is a licensed pharmacy in good standing and is authorized to ship prescription drugs into such state or territory; (2) The nonprofit pharmacy is responding to a declared state disaster or emergency; (3) The nonprofit pharmacy complies with all emergency rules and regulations for pharmacies and nonprofit pharmacies established by the state or territory for the duration of the disaster period; (4) The nonprofit pharmacy complies with all applicable federal laws and regulations; and (5) The waiver applies only to prescription drugs dispensed, shipped, or delivered to residents or health care facilities located within the geographic area specified in the declared state disaster or emergency.
• KATIE O'BRIEN

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

The following summaries of this bill are available:

Print All Summaries

Introduced

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SB 1640 - The Board of Pharmacy shall have the authority to waive compliance with any Missouri rule or regulation for nonprofit pharmacies dispensing, shipping, or delivering prescription drugs into another state or United States territory that is experiencing a declared state disaster or emergency, provided that:
(1) The nonprofit pharmacy is a licensed pharmacy in good standing and is authorized to ship prescription drugs into such state or territory;
(2) The nonprofit pharmacy is responding to a declared state disaster or emergency;
(3) The nonprofit pharmacy complies with all emergency rules and regulations for pharmacies and nonprofit pharmacies established by the state or territory for the duration of the disaster period;
(4) The nonprofit pharmacy complies with all applicable federal laws and regulations; and
(5) The waiver applies only to prescription drugs dispensed, shipped, or delivered to residents or health care facilities located within the geographic area specified in the declared state disaster or emergency.
KATIE O'BRIEN

Current Bill Text

SECOND REGULAR SESSION
SENATE BILL NO. 1640
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MCCREERY .
6618S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 338, RSMo, by adding thereto one new section relating to nonprofit pharmacies.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 338, RSMo, is amended by adding thereto 1
one new section, to be known as section 338.312, to read as 2
follows:3
338.312. 1. As used in this section, unless the 1
context requires otherwise, the following terms mean: 2
(1) "Declared state disaster or emergency", a disaster 3
or emergency event for which a governor's state of emergency 4
proclamation has been issued or that the President of the 5
United States has declared to be a major disaster or 6
emergency; 7
(2) "Disaster period", the period of time that begins 8
ten days before a governor's proclamation of a state of 9
emergency or the declaration by the President of the United 10
States of a major disaster or emergency, whichever occurs 11
first, and extending for a period of sixty calendar days 12
following the end of the period specified in the 13
proclamation or declaration or sixty calendar days from the 14
proclamation or declaration if no end is provided. The 15
governor may extend the disaster period as warranted; 16
(3) "Nonprofit pharmacy", any pharmacy licensed in 17
this state that operates as a charitable organization under 18
SB 1640 2
Section 501(c)(3) of the Internal Revenue Code of 1986, as 19
amended. 20
2. Notwithstanding any provision of law to the 21
contrary, the board of pharmacy shall have the authority to 22
waive compliance with any Missouri rules and regulations for 23
pharmacies licensed in this state when such nonprofit 24
pharmacy is dispensing, shipping, or delivering prescription 25
drugs into another state or United States territory that is 26
experiencing a declared state disaster or emergency, 27
provided that: 28
(1) The nonprofit pharmacy is a licensed pharmacy in 29
good standing under this chapter and is authorized to ship 30
prescription drugs into the state or territory in question; 31
(2) The nonprofit pharmacy is responding to an active 32
declared state disaster or emergency; 33
(3) The nonprofit pharmacy complies with all emergency 34
rules and regulations for pharmacies and nonprofit 35
pharmacies established by the state or territory for the 36
duration of the disaster period; 37
(4) The nonprofit pharmacy complies with all 38
applicable federal laws and regulations; and 39
(5) The waiver applies only to prescription drugs 40
dispensed, shipped, or delivered to residents or health care 41
facilities located within the geographic area specified in 42
the declared state disaster or emergency. 43
3. The board of pharmacy may promulgate rules to 44
implement the provisions of this section. Any rule or 45
portion of a rule, as that term is defined in section 46
536.010, that is created under the authority delegated in 47
this section shall become effective only if it complies with 48
and is subject to all of the provisions of chapter 536 and, 49
if applicable, section 536.028. This section and chapter 50
SB 1640 3
536 are nonseverable and if any of the powers vested with 51
the general assembly pursuant to chapter 536 to review, to 52
delay the effective date, or to disapprove and annul a rule 53
are subsequently held unconstitutional, then the grant of 54
rulemaking authority and any rule proposed or adopted after 55
August 28, 2026, shall be invalid and void. 56
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