PURPOSE: This rule is to establishes guide - lines for the operation and temporary relocation of a pharmacy during a declared disaster.

1. (1) Declared disaster areas are defined as specified geographical counties within the state that have been designated by the governor or federal authorities as counties that have been adversely affected by a natural or manmade disaster and requires extraordinary measures to provide adequate, safe, and effective health care for the affected population.

2. (2) In cases where a disaster as defined in section (1) has been declared, any pharmacy located within the disaster area may arrange to move to a temporary location to better serve the public or provide pharmacy services from a mobile unit that is under the control and management of the pharmacist-in-charge.

   1. (A) Temporary or mobile facilities must comply with the following:

      1. 1. Temporary or mobile pharmacy facil-

ities shall only be located within the disaster area or adjacent county;

1. 2. Temporary facilities may be main-

tained by a pharmacy operation for a period of up to six (6) months without applying for a change of location. A change of location application is required if the pharmacy wishes to maintain a temporary site for more than six (6) months or desires to remain permanently at the temporary site;

1. 3. Mobile pharmacy operations must

cease services once the immediate disaster is over;

1. 4. Temporary or mobile pharmacy facil-

ities must inform the board of their location and provide an estimate of the time period for which the temporary or mobile pharmacy operation will be needed; and

1. 5. The executive director may approve

or disapprove temporary or mobile pharmacy facilities and shall make arrangements for appropriate monitoring and inspection of the pharmacy on a case-by-case basis.

1. A. Approval of this type of operation

will be based on the need, type, and scope of disaster, as well as the ability of the pharmacy to comply with state and federal drug laws in addition to section 338.240, RSMo.

1. B. Temporary or mobile pharmacy

facilities shall cease operations if any previous approval is withdrawn.

1. C. Any decision made concerning the

approval of a temporary or mobile pharmacy does not interfere with any rights or privileges of a pharmacy permit holder at the original location of operation or prevent a permit holder from applying for a change of location as outlined in the board’s rules.

AUTHORITY: sections 338.210 and 338.280, RSMo 2016.* This rule originally filed as 4 CSR 220-2.016. Original rule filed May 4, 1995, effective Dec. 30, 1995. Moved to 20 CSR 2220-2.016, effective Aug. 28, 2006. Amended: Filed May 13, 2019, effective Nov. 30, 2019.

*Original authority: 338.210, RSMo 1951, amended 2001, 2011 and 338.280, RSMo 1951, amended 1971, 1981.