HCS HB 3009 -- THE DUTIES OF A PHARMACIST (Hausman)

COMMITTEE OF ORIGIN: Standing Committee on Professional Registration and Licensing

Currently, the practice of pharmacy includes the ordering and administration of vaccines approved or authorized by the FDA, but excludes certain vaccines and those vaccines approved after January 1, 2023. This bill instead provides that the practice of pharmacy includes the ordering and administration of certain vaccines approved or authorized by the FDA as of January 1, 2026, but excludes certain vaccines and those that are not included by joint rules promulgated by the Board of Pharmacy and the State Board of Registration for the Healing Arts.

Currently, a pharmacist with a certificate of medication therapeutic plan authority can provide certain medication therapy services if there is a statewide order issued by the Director or the Chief Medical Officer of the Department of Health and Senior Services if such person is a licensed physician or by a licensed physician designated by the Department. This bill repeals this language and authorizes the provision of such medication therapy services pursuant to rules established by the Board of Pharmacy and the State Board of Registration for the Healing Arts.

This bill authorizes pharmacists to prescribe medical devices, as defined in the bill. The Board of Pharmacy and the State Board of Registration for the Healing Arts will jointly promulgate rules to implement this provision within six months of the effective date of this bill.

The bill provides that a pharmacist may dispense ivermectin and hydroxychloroquine to a person, without a prescription order, upon the approval of a warning label for the use and indication in accordance with any written, standardized procedures or protocols issued by the Board of Pharmacy.

This bill gives the Missouri Board of Pharmacy the authority to waive compliance with any Missouri rule or regulation for a pharmacy licensed in this state when the pharmacy is 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 pharmacy is a licensed pharmacy in good standing under this Chapter and is authorized to ship prescription drugs into the State or territory in question; (2) The pharmacy is responding to an active declared state disaster or emergency;

(3) The 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 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.

The Board can promulgate rules to implement these provisions.

Currently, no person or outlet can act as a wholesale drug distributor, pharmacy distributor, drug outsourcer, or thirdparty logistics provider without obtaining a license from the Missouri Board of Pharmacy. Temporary licenses can be granted while an application is being processed. Separate licenses are required for each distribution site.

The Board can permit out-of-state entities to be licensed in Missouri if they possess a valid license from another state with comparable standards and if the other state offers reciprocal treatment to Missouri entities.

This bill provides that if a state license is not issued by the out-of-state wholesale drug distributor's resident state, out-of- state wholesale drug distributors and third-party logistics providers with a current and valid drug distributor accreditation from the National Association of Boards of Pharmacy or its successor can be eligible for the license.

Statutes affected:
Introduced (6714H.01): 338.312
Committee (6714H.02): 338.312
Perfected (6714H.02): 338.010, 338.012, 338.206, 338.208, 338.312, 338.333
Committee (6714S.03): 338.010, 338.012, 338.206, 338.208, 338.312, 338.333, 338.600, 376.387, 376.399