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Section: 195.0050 Beginning January 1, 2017--Controlled substances, legal sales, how made--records required to be kept. RSMO 195.050


Published: 2015

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Missouri Revised Statutes













Chapter 195

Drug Regulations

←195.045

Section 195.050.1

195.050→

August 28, 2015

Beginning January 1, 2017--Controlled substances, legal sales, how made--records required to be kept.

195.050. 1. A duly registered manufacturer or wholesaler may sell

controlled substances to any of the following persons:



(1) To a manufacturer, wholesaler, or pharmacy;



(2) To a physician, dentist, podiatrist or veterinarian;



(3) To a person in charge of a hospital, but only for use in that

hospital;



(4) To a person in charge of a laboratory, but only for use in that

laboratory for scientific and medical purposes.



2. A duly registered manufacturer or wholesaler may sell controlled

substances to any of the following persons:



(1) On a special written order accompanied by a certificate of

exemption, as required by federal laws, to a person in the employ of the

United States government or of any state, territorial, district, county,

municipal or insular government, purchasing, receiving, possessing, or

dispensing controlled substances by reason of his or her official duties;



(2) To a master of a ship or person in charge of any aircraft upon

which no physician is regularly employed, for the actual medical needs of

persons on board such ship or aircraft, when not in port; provided, such

controlled substances shall be sold to the master of such ship or person in

charge of such aircraft only in pursuance of a special order form approved

by a commissioned medical officer or acting surgeon of the United States

Public Health Service;



(3) To a person in a foreign country if the provisions of federal

laws are complied with.



3. An official written order for any controlled substance listed in

Schedules I and II shall be signed in duplicate by the person giving the

order or by his or her duly authorized agent. The original shall be

presented to the person who sells or dispenses the controlled substance

named therein. In event of the acceptance of such order by the person,

each party to the transaction shall preserve his or her copy of such order

for a period of two years in such a way as to be readily accessible for

inspection by any public officer or employee engaged in the enforcement of

this chapter or chapter 579. It shall be deemed a compliance with this

subsection if the parties to the transaction have complied with federal

laws, respecting the requirements governing the use of order forms.



4. Possession of or control of controlled substances obtained as

authorized by this section shall be lawful if in the regular course of

business, occupation, profession, employment, or duty of the possessor.



5. A person in charge of a hospital or of a laboratory, or in the

employ of this state or of any other state, or of any political subdivision

thereof, and a master or other proper officer of a ship or aircraft, who

obtains controlled substances under the provisions of this section or

otherwise, shall not administer, nor dispense, nor otherwise use such

drugs, within this state, except within the scope of his or her employment

or official duty, and then only for scientific or medicinal purposes and

subject to the provisions of this chapter and chapter 579.



6. Every person registered to manufacture, distribute or dispense

controlled substances under this chapter shall keep records and inventories

of all such drugs in conformance with the record keeping and inventory

requirements of federal law, and in accordance with any additional

regulations of the department of health and senior services.



7. Manufacturers and wholesalers shall keep records of all narcotic

and controlled substances compounded, mixed, cultivated, grown, or by any

other process produced or prepared, and of all controlled substances

received and disposed of by them, in accordance with this section.



8. Apothecaries shall keep records of all controlled substances

received and disposed of by them, in accordance with the provisions of this

section.



9. The form of records shall be prescribed by the department of

health and senior services.



(RSMo 1939 § 9836, A.L. 1971 H.B. 69, A.L. 1989 S.B.

215 & 58, A.L. 2014 S.B. 491)



Effective 1-01-17





1991



1991



195.050. 1. A duly registered manufacturer or wholesaler may sell

controlled substances to any of the following persons:



(1) To a manufacturer, wholesaler, or pharmacy;



(2) To a physician, dentist, podiatrist or veterinarian;



(3) To a person in charge of a hospital, but only for use in that

hospital;



(4) To a person in charge of a laboratory, but only for use in that

laboratory for scientific and medical purposes.



2. A duly registered manufacturer or wholesaler may sell controlled

substances to any of the following persons:



(1) On a special written order accompanied by a certificate of exemption,

as required by federal laws, to a person in the employ of the United States

government or of any state, territorial, district, county, municipal or

insular government, purchasing, receiving, possessing, or dispensing

controlled substances by reason of his official duties;



(2) To a master of a ship or person in charge of any aircraft upon which

no physician is regularly employed, for the actual medical needs of persons

on board such ship or aircraft, when not in port; provided, such controlled

substances shall be sold to the master of such ship or person in charge of

such aircraft only in pursuance of a special order form approved by a

commissioned medical officer or acting surgeon of the United States Public

Health Service;



(3) To a person in a foreign country if the provisions of federal laws

are complied with.



3. An official written order for any controlled substance listed in

Schedules I and II shall be signed in duplicate by the person giving the

order or by his duly authorized agent. The original shall be presented to

the person who sells or dispenses the controlled substance named therein. In

event of the acceptance of such order by the person, each party to the

transaction shall preserve his copy of such order for a period of two years

in such a way as to be readily accessible for inspection by any public officer

or employee engaged in the enforcement of sections 195.005 to 195.425. It

shall be deemed a compliance with this subsection if the parties to the

transaction have complied with federal laws, respecting the requirements

governing the use of order forms.



4. Possession of or control of controlled substances obtained as

authorized by this section shall be lawful if in the regular course of

business, occupation, profession, employment, or duty of the possessor.



5. A person in charge of a hospital or of a laboratory, or in the employ

of this state or of any other state, or of any political subdivision thereof,

and a master or other proper officer of a ship or aircraft, who obtains

controlled substances under the provisions of this section or otherwise,

shall not administer, nor dispense, nor otherwise use such drugs, within this

state, except within the scope of his employment or official duty, and then

only for scientific or medicinal purposes and subject to the provisions of

sections 195.005 to 195.425.



6. Every person registered to manufacture, distribute or dispense

controlled substances under sections 195.005 to 195.425 shall keep records

and inventories of all such drugs in conformance with the record keeping and

inventory requirements of federal law, and in accordance with any additional

regulations of the department of health and senior services.



7. Manufacturers and wholesalers shall keep records of all narcotic and

controlled substances compounded, mixed, cultivated, grown, or by any other

process produced or prepared, and of all controlled substances received and

disposed of by them, in accordance with this section.



8. Apothecaries shall keep records of all controlled substances received

and disposed of by them, in accordance with the provisions of this section.



9. The form of records shall be prescribed by the department of health

and senior services.



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