195.050. Controlled substances, legal sales, how made--records required to be kept.
Controlled substances, legal sales, how made--records required to bekept.
195.050. 1. A duly registered manufacturer or wholesaler may sellcontrolled 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 thathospital;
(4) To a person in charge of a laboratory, but only for use in thatlaboratory for scientific and medical purposes.
2. A duly registered manufacturer or wholesaler may sell controlledsubstances to any of the following persons:
(1) On a special written order accompanied by a certificate ofexemption, as required by federal laws, to a person in the employ of theUnited States government or of any state, territorial, district, county,municipal or insular government, purchasing, receiving, possessing, ordispensing controlled substances by reason of his official duties;
(2) To a master of a ship or person in charge of any aircraft upon whichno physician is regularly employed, for the actual medical needs of persons onboard such ship or aircraft, when not in port; provided, such controlledsubstances shall be sold to the master of such ship or person in charge ofsuch aircraft only in pursuance of a special order form approved by acommissioned medical officer or acting surgeon of the United States PublicHealth Service;
(3) To a person in a foreign country if the provisions of federal lawsare complied with.
3. An official written order for any controlled substance listed inSchedules I and II shall be signed in duplicate by the person giving the orderor by his duly authorized agent. The original shall be presented to theperson who sells or dispenses the controlled substance named therein. Inevent of the acceptance of such order by the person, each party to thetransaction shall preserve his copy of such order for a period of two years insuch a way as to be readily accessible for inspection by any public officer oremployee engaged in the enforcement of sections 195.005 to 195.425. It shallbe deemed a compliance with this subsection if the parties to the transactionhave complied with federal laws, respecting the requirements governing the useof order forms.
4. Possession of or control of controlled substances obtained asauthorized by this section shall be lawful if in the regular course ofbusiness, occupation, profession, employment, or duty of the possessor.
5. A person in charge of a hospital or of a laboratory, or in the employof 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 obtainscontrolled substances under the provisions of this section or otherwise, shallnot administer, nor dispense, nor otherwise use such drugs, within this state,except within the scope of his employment or official duty, and then only forscientific or medicinal purposes and subject to the provisions of sections195.005 to 195.425.
6. Every person registered to manufacture, distribute or dispensecontrolled substances under sections 195.005 to 195.425 shall keep records andinventories of all such drugs in conformance with the record keeping andinventory requirements of federal law, and in accordance with any additionalregulations of the department of health and senior services.
7. Manufacturers and wholesalers shall keep records of all narcotic andcontrolled substances compounded, mixed, cultivated, grown, or by any otherprocess produced or prepared, and of all controlled substances received anddisposed of by them, in accordance with this section.
8. Apothecaries shall keep records of all controlled substances receivedand disposed of by them, in accordance with the provisions of this section.
9. The form of records shall be prescribed by the department of healthand senior services.
(RSMo 1939 § 9836, A.L. 1971 H.B. 69, A.L. 1989 S.B. 215 & 58)