§ 225.030. Controlled Substances To Be Dispensed On Prescription Only, Exception; Certain Advertising Prohibited.  


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  • A. 
    Except as provided in Subsection (C) of this Section, a pharmacist or an apothecary, in good faith, may sell and dispense controlled substances to any person only upon a written or oral prescription of a physician, dentist, podiatrist, or veterinarian, provided that the controlled substances listed in Schedule V as set out in Section 195.017, RSMo., may be sold without prescription but only in accordance with federal regulations. All written prescriptions shall be signed by the person prescribing the same. All prescriptions shall be dated on the day when issued and bearing the full name and address of the patient for whom, or of the owner of the animal for which, the drug is prescribed, and the full name, address, and the registry number under the federal controlled substances laws of the person prescribing, if they are required by those laws to be so registered. If the prescription is for an animal, it shall state the species of the animal for which the drug is prescribed. The person filling the prescription shall write the date of filling and their own signature on the prescription. The prescription shall be retained on file by the proprietor of the pharmacy in which it is filled for a period of two (2) years, so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this law. No prescription for a drug in Schedule I or II as set out in Section 195.017, RSMo., shall be refilled; no prescription for a drug in Schedule III or IV as set out in Section 195.017, RSMo., shall be filled or refilled more than six (6) months after the date of the original prescription or be refilled more than five (5) times unless renewed by the practitioner. A controlled substance included in Schedule V as set out in Section 195.017, RSMo., shall not be distributed or dispensed other than for a medical purpose.
    B. 
    The legal owner of any stock of controlled substances in a pharmacy, upon discontinuance of dealing in such drugs, may sell the stock to a manufacturer, wholesaler, or apothecary, but only on an official written order.
    C. 
    An apothecary or pharmacist, in good faith, may sell and dispense, any Schedule II drug or drugs to any person, in emergency situations as defined by rule of the Department of Health upon an oral prescription by a practicing physician, podiatrist, veterinarian or dentist, provided such person shall furnish the pharmacist with a written prescription within seventy-two (72) hours, containing the date, name and address prescribing same and their registry number under the federal narcotic laws and bearing the full name and address of the patient for whom, or the owner of the animal for which, the drug is dispensed; provided the drug or drugs prescribed by such oral prescription have been listed by the Director of the Department of Health as provided for in Section 195.195, RSMo. If the oral prescription is for an animal, it shall state the species of the animal for which the drug is prescribed. The person filling the oral prescription shall write the date of filling, and their own signature on the prescription. The prescription shall be retained on file by the proprietor of the pharmacy in which it is filled, for a period of two (2) years so as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of Sections 195.005 to 195.425, RSMo.
    D. 
    It shall be unlawful for narcotics or hallucinogenic drugs to be promoted or advertised for use or sale, provided that this Subsection shall not prohibit such activity by a manufacturer, wholesaler, or their agents directed to a physician, pharmacist or other practitioner.
    E. 
    Except where a bona fide physician-patient-pharmacist relationship exists, prescriptions for narcotics or hallucinogenic drugs shall not be delivered to or for an ultimate user or agent by mail or other common carrier.
R.O. 1996 § 225.030