SB 1069 — Limits the sale or purchase of certain drugs

SECOND4496S.02C REGULARSENATE SESSIONCOMMITTEE SUBSTITUTE FOR SENATE BILLNO.BILL NO.

1069 103RDAN GENERALASSEMBLYACT INTRODUCEDTo BYrepeal SENATORsections HENDERSON.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.

4496S.01I KRISTINAMARTIN, Secretary ANACT 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.

EXPLANATION-Matter3. enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law.

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SB 1069 3 in any total amount greater than [forty-three] sixty-one and two-tenths grams, without regard to the number of transactions.

All packages of any compound, mixture, or preparation containing any detectable quantity of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, except those that are excluded from Schedule V in subsection 17 or 18 of section 195.017, shall be offered for sale only from behind a pharmacy counter where the public is not permitted, and only by a registered pharmacist or registered pharmacy technician under section 195.017.

(4) Upon the request of the department of health and senior services, any manufacturer required to pay fees under SB 1069 4 this subsection shall provide written documentation demonstrating that the manufacturer has paid such fees.

(5) The fees required under this subsection shall be assessed against each manufacturer solely on the basis of sales transactions involving that manufacturer's own compounds, mixtures, or preparations sold in or into the state.

No manufacturer shall be assessed fees based upon transactions attributable to the compounds, mixtures, or preparations of any other manufacturer.

No prescription shall be required for the dispensation, sale, or distribution of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers, in an amount within the limits described in subsections 2, 3, and 4 of this section.

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or (2) Purchases, receives, or otherwise acquires within a thirty-day period any number of packages of any drug product containing any detectable amount of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts or optical isomers, or salts of optical isomers in a total amount greater than seven and two-tenths grams, SB 1069 6 without regard to the number of transactions, unless the amount is purchased, received, or acquired pursuant to a valid prescription;

or (6) Dispenses or offers drug products that are not excluded from Schedule V in subsection 17 or 18 of section SB 1069 7 195.017 and that contain detectable amounts of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts, optical isomers, or salts of optical isomers, without ensuring that such products are located behind a pharmacy counter where the public is not permitted and that such products are dispensed by a registered pharmacist or pharmacy technician under subsection 11 of section 195.017;

or (7) Holds a retail sales license issued under chapter 144 and knowingly sells or dispenses packages that do not conform to the packaging requirements of section 195.418.

or (2) Fails to submit information under subsection 13 of section 195.017 and subsection 6 of section 195.417 about the sales of any compound, mixture, or preparation of products containing detectable amounts of ephedrine, phenylpropanolamine, or pseudoephedrine, or any of their salts, optical isomers, or salts of optical isomers, in accordance with transmission methods and frequency SB 1069 8 established by the department of health and senior services;

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