HOUSE BILL NO. 1962 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE PETERS.
4028H.01I JOSEPH ENGLER, Chief Clerk
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Section A. Sections 195.417 and 579.060, RSMo, are repealed and two new sections 2 enacted in lieu thereof, to be known as sections 195.417 and 579.060, to read as follows: 195.417. 1.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 2 product, mixture, or preparation which must be dispensed, sold, or distributed in a pharmacy 3 pursuant to a valid prescription. 4 2. Within any thirty-day period, no person shall sell, dispense, or otherwise provide to 5 the same individual, and no person shall purchase, receive, or otherwise acquire more than the 6 following amount: any number of packages of any drug product containing any detectable 7 amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or 8 optical isomers, or salts of optical isomers, either as: 9 (1) The sole active ingredient; or 10 (2) One of the active ingredients of a combination drug; or 11 (3) A combination of any of the products specified in subdivisions (1) and (2) of this 12 subsection; 13 14 in any total amount greater than seven and two-tenths grams, without regard to the number of 15 transactions. 16 3. Within any twenty-four-hour period, no pharmacist, intern pharmacist, or 17 registered pharmacy technician shall sell, dispense, or otherwise provide to the same
EXPLANATION — 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. HB 1962 2
18 individual, and no person shall purchase, receive, or otherwise acquire more than the 19 following amount: any number of packages of any drug product containing any detectable 20 amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or 21 optical isomers, or salts of optical isomers, either as: 22 (1) The sole active ingredient; or 23 (2) One of the active ingredients of a combination drug; or 24 (3) A combination of any of the products specified in subdivisions (1) and (2) of this 25 subsection; 26 27 in any total amount greater than three and six-tenths grams without regard to the number of 28 transactions. 29 4. Within any twelve-month period, no person shall sell, dispense, or otherwise 30 provide to the same individual, and no person shall purchase, receive, or otherwise acquire 31 more than the following amount: any number of packages of any drug product containing any 32 detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their 33 salts or optical isomers, or salts of optical isomers, either as: 34 (1) The sole active ingredient; or 35 (2) One of the active ingredients of a combination drug; or 36 (3) A combination of any of the products specified in subdivisions (1) and (2) of this 37 subsection; 38 39 in any total amount greater than [forty-three] sixty-one and two-tenths grams, without regard 40 to the number of transactions. 41 5. All packages of any compound, mixture, or preparation containing any detectable 42 quantity of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or 43 optical isomers, or salts of optical isomers, except those that are excluded from Schedule V in 44 subsection 17 or 18 of section 195.017, shall be offered for sale only from behind a pharmacy 45 counter where the public is not permitted, and only by a registered pharmacist or registered 46 pharmacy technician under section 195.017. 47 6. Each pharmacy shall submit information regarding sales of any compound, 48 mixture, or preparation as specified in this section in accordance with transmission methods 49 and frequency established by the department by regulation. 50 7. (1) As used in this subsection, "administrator of the real-time electronic 51 pseudoephedrine tracking system" means the entity responsible for developing, 52 implementing, and maintaining the data collection system described in 19 CSR 30- 53 1.074 or any successor regulation. HB 1962 3
54 (2) Beginning October 1, 2026, and continuing thereafter, any manufacturer of 55 any compound, mixture, or preparation specified in this section that is sold in or into the 56 state shall, on a monthly basis, pay fees to the administrator of the real-time electronic 57 pseudoephedrine tracking system. 58 (3) The administrator of the real-time electronic pseudoephedrine tracking 59 system shall be responsible for setting the fee levels required under this subsection. 60 (4) Upon the request of the department of health and senior services, any 61 manufacturer required to pay fees under this subsection shall provide written 62 documentation demonstrating that the manufacturer has paid such fees. 63 8. No prescription shall be required for the dispensation, sale, or distribution of any 64 drug product containing any detectable amount of ephedrine, phenylpropanolamine, or 65 pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, in an 66 amount within the limits described in subsections 2, 3, and 4 of this section. The 67 superintendent of the Missouri state highway patrol shall report to the revisor of statutes and 68 the general assembly by February first when the statewide number of methamphetamine 69 laboratory seizure incidents exceeds three hundred incidents in the previous calendar year. 70 The provisions of this subsection shall expire on April first of the calendar year in which the 71 revisor of statutes receives such notification. 72 [8.] 9. This section shall supersede and preempt any local ordinances or regulations, 73 including any ordinances or regulations enacted by any political subdivision of the state. This 74 section shall not apply to the sale of any animal feed products containing ephedrine or any 75 naturally occurring or herbal ephedra or extract of ephedra. 76 [9.] 10. Any local ordinances or regulations enacted by any political subdivision of 77 the state prior to August 28, 2020, requiring a prescription for the dispensation, sale, or 78 distribution of any drug product containing any detectable amount of ephedrine, 79 phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts 80 of optical isomers, in an amount within the limits described in subsections 2, 3, and 4 of this 81 section shall be void and of no effect and no such political subdivision shall maintain or 82 enforce such ordinance or regulation. 83 [10.] 11. All logs, records, documents, and electronic information maintained for the 84 dispensing of these products shall be open for inspection and copying by municipal, county, 85 and state or federal law enforcement officers whose duty it is to enforce the controlled 86 substances laws of this state or the United States. 87 [11.] 12. All persons who dispense or offer for sale pseudoephedrine and ephedrine 88 products, except those that are excluded from Schedule V in subsection 17 or 18 of section 89 195.017, shall ensure that all such products are located only behind a pharmacy counter where 90 the public is not permitted. HB 1962 4
91 [12.] 13. The penalty for a knowing or reckless violation of this section is found in 92 section 579.060. 579.060. 1. A person commits the offense of unlawful sale, distribution, or purchase 2 of over-the-counter methamphetamine precursor drugs if he or she knowingly: 3 (1) Sells, distributes, dispenses, or otherwise provides any number of packages of any 4 drug product containing detectable amounts of ephedrine, phenylpropanolamine, or 5 pseudoephedrine, or any of their salts, optical isomers, or salts of optical isomers, in a 6 total amount greater than seven and two-tenths grams to the same individual within a thirty- 7 day period, unless the amount is dispensed, sold, or distributed pursuant to a valid 8 prescription; or 9 (2) Purchases, receives, or otherwise acquires within a thirty-day period any number 10 of packages of any drug product containing any detectable amount of ephedrine, 11 phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts 12 of optical isomers in a total amount greater than seven and two-tenths grams, without regard 13 to the number of transactions, unless the amount is purchased, received, or acquired pursuant 14 to a valid prescription; or 15 (3) Purchases, receives, or otherwise acquires within a twenty-four-hour period any 16 number of packages of any drug product containing any detectable amount of ephedrine, 17 phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of 18 optical isomers in a total amount greater than three and six-tenths grams, without regard to the 19 number of transactions, unless the amount is purchased, received, or acquired pursuant to a 20 valid prescription; or 21 (4) Sells, distributes, dispenses, or otherwise provides any number of packages of any 22 drug product containing detectable amounts of ephedrine, phenylpropanolamine, or 23 pseudoephedrine, or any of their salts, optical isomers, or salts of optical isomers, in a 24 total amount greater than [forty-three] sixty-one and two-tenths grams to the same individual 25 within a twelve-month period, unless the amount is dispensed, sold, or distributed pursuant to 26 a valid prescription; or 27 (5) Purchases, receives, or otherwise acquires within a twelve-month period any 28 number of packages of any drug product containing any detectable amount of ephedrine, 29 phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of 30 optical isomers in a total amount greater than [forty-three] sixty-one and two-tenths grams, 31 without regard to the number of transactions, unless the amount is purchased, received, or 32 acquired pursuant to a valid prescription; or 33 (6) Dispenses or offers drug products that are not excluded from Schedule V in 34 subsection 17 or 18 of section 195.017 and that contain detectable amounts of ephedrine, 35 phenylpropanolamine, or pseudoephedrine, or any of their salts, optical isomers, or salts of HB 1962 5
36 optical isomers, without ensuring that such products are located behind a pharmacy counter 37 where the public is not permitted and that such products are dispensed by a registered 38 pharmacist or pharmacy technician under subsection 11 of section 195.017; or 39 (7) Holds a retail sales license issued under chapter 144 and knowingly sells or 40 dispenses packages that do not conform to the packaging requirements of section 195.418. 41 2. A pharmacist, intern pharmacist, or registered pharmacy technician commits the 42 offense of unlawful sale, distribution, or purchase of over-the-counter methamphetamine 43 precursor drugs if he or she knowingly: 44 (1) Sells, distributes, dispenses, or otherwise provides any number of packages of any 45 drug product containing detectable amounts of ephedrine, phenylpropanolamine, or 46 pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, in a 47 total amount greater than three and six-tenth grams to the same individual within a twenty- 48 four hour period, unless the amount is dispensed, sold, or distributed pursuant to a valid 49 prescription; or 50 (2) Fails to submit information under subsection 13 of section 195.017 and subsection 51 6 of section 195.417 about the sales of any compound, mixture, or preparation of products 52 containing detectable amounts of ephedrine, phenylpropanolamine, or pseudoephedrine, or 53 any of their salts, optical isomers, or salts of optical isomers, in accordance with transmission 54 methods and frequency established by the department of health and senior services; or 55 (3) Fails to implement and maintain an electronic log, as required by subsection 12 of 56 section 195.017, of each transaction involving any detectable quantity of pseudoephedrine, its 57 salts, isomers, or salts of optical isomers or ephedrine, its salts, optical isomers, or salts of 58 optical isomers; or 59 (4) Sells, distributes, dispenses or otherwise provides to an individual under eighteen 60 years of age without a valid prescription any number of packages of any drug product 61 containing any detectable quantity of pseudoephedrine, its salts, isomers, or salts of optical 62 isomers, or ephedrine, its salts or optical isomers, or salts of optical isomers. 63 3. Any person who violates the packaging requirements of section 195.418 and is 64 considered the general owner or operator of the outlet where ephedrine, pseudoephedrine, or 65 phenylpropanolamine products are available for sale shall not be penalized if he or she 66 documents that an employee training program was in place to provide the employee who 67 made the unlawful retail sale with information on the state and federal regulations regarding 68 ephedrine, pseudoephedrine, or phenylpropanolamine. 69 4. A manufacturer commits the offense of unlawful sale, distribution, or 70 purchase of over-the-counter methamphetamine precursor drugs if he or she knowingly 71 fails to pay the fees required under subsection 7 of section 195.417. HB 1962 6
72 5. The offense of unlawful sale, distribution, or purchase of over-the-counter 73 methamphetamine precursor drugs is a class A misdemeanor. ✔
Statutes affected: