PURPOSE: This rule provides for dispensing Schedule V controlled substances without a prescription in certain situations.

1. (1) A controlled substance listed in Schedule V which is not a prescription drug and determined under the federal Food, Drug and Cosmetic Act may be dispensed by a pharmacist without a prescription to a purchaser at retail; provided, that—

   1. (A) Products that are designated Schedule V controlled substances which contain any detectable amount of pseudoephedrine, its salts or optical isomers, or salts of optical isomers or ephedrine, its salts or optical isomers, or salts of optical isomers may be sold, distributed or otherwise provided only by a pharmacist or pharmacy ancillary personnel as authorized by the Missouri State Board of Pharmacy;
   2. (B) Dispensing of any other substance listed in Schedule V is made only by a pharmacist and not by a nonpharmacist employee even if under the supervision of a pharmacist (although after the pharmacist has fulfilled his/her professional and legal responsibilities, the actual cash transaction, credit transaction or delivery may be completed by a nonpharmacist); AND SENIOR SERVICES

   3. (C) Dispensing, sale, distribution or otherwise providing is limited to:

      1. 1. Not more than two hundred forty

cubic centimeters (240 cc) eight ounces (8 oz.) of any controlled substance containing opium, nor more than one hundred twenty cubic centimeters (120 cc) four ounces (4 oz.) of any other controlled substance nor more than forty-eight (48) dosage units of any controlled substance containing opium, nor more than twenty-four (24) dosage units of any other controlled substance may be dispensed at retail to the same purchaser in any given forty-eight (48)-hour period;

1. 2. Within any thirty (30)-day period, not

more than any number of packages of any drug product containing any detectable amount of ephedrine or pseudoephedrine in any total amount greater than nine (9) grams, or any of their salts or optical isomers, or salts of optical isomers, either as:

1. A. The sole active ingredient; or
2. B. One of the active ingredients of a

combination drug; or

1. C. A combination of any of the prod-

ucts specified in subsections (A) and (B) of this section;

1. (D) The purchaser is at least eighteen (18) years of age;
2. (E) The pharmacist requires every purchaser of a Schedule V controlled substance not known to him/her to furnish suitable photo identification (including proof of age where appropriate);

3. (F) Pharmacists and registered pharmacy technicians shall implement and maintain a written or electronic log of each transaction.

   1. 1. Such log shall include the following

information:

1. A. The name and address of the pur-

chaser;

1. B. The amount of the compound,

mixture, or preparation purchased;

1. C. The date of each purchase; and
2. D. The name or initials of the phar-

macist or registered pharmacy technician who dispensed, sold, distributed, or otherwise provided the compound, mixture, or preparation to the purchaser.

1. 2. An auxiliary written log shall be

established for the documentation of Schedule V substances dispensed, sold, distributed or otherwise provided if the electronic log is inoperative for any reason.

1. 3. Any electronic log described in sub-

section (F) must be capable of providing a listing of utilization of any Schedule V substance for a minimum of the preceding twelve (12)-month period. Utilization information shall be available by both specific Schedule V product and purchaser name;

1. (G) A prescription is not required for distribution or dispensing of the substance pursuant to any other federal, state or local law.

AUTHORITY: sections 195.017, RSMo Supp. 2005 and 195.050 and 195.195, RSMo 2000.* Original rule filed April 14, 2000, effective Nov. 30, 2000. Emergency amendment filed Aug. 18, 2005, effective Aug. 28, 2005, expired Feb. 23, 2006. Amended: Filed Sept. 1, 2005, effective Feb. 28, 2006. *Original authority: 195.017, RSMo 1971, amended 1987, 1989, 1994, 1996, 1997, 1998, 2001, 2005; 195.050, RSMo 1939, amended 1971, 1989; and 195.195, RSMo 1957, amended 1971, 1989, 1993.