334.107. Improperly prescribing controlled substances and failure to keep required records grounds for license denial, suspension or revocation.

Improperly prescribing controlled substances and failure to keeprequired records grounds for license denial, suspension or revocation.

334.107. Nothing in section 334.106 and this section shall deny theright of the board to deny, revoke or suspend the license of any physicianor otherwise discipline any physician who:

(1) Prescribes, administers or dispenses a controlled substance thatis nontherapeutic in nature or nontherapeutic in the manner in which it isprescribed, administered or dispensed, or fails to keep complete andaccurate ongoing records of the diagnosis and treatment plan;

(2) Fails to keep complete and accurate records of controlledsubstances received, prescribed, dispensed and administered, and disposalof drugs listed in the Missouri comprehensive drug control act contained inchapter 195, RSMo, or of controlled substances scheduled in the FederalComprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. 801,et seq. A physician shall keep records of controlled substances received,prescribed, dispensed and administered, and disposal of these drugs shallinclude the date of receipt of the drugs, the sale or disposal of the drugsby the physician, the name and address of the person receiving the drugs,and the reason for the disposal or the dispensing of the drugs to theperson;

(3) Writes false or fictitious prescriptions for controlledsubstances as defined in the Missouri comprehensive drug control act,chapter 195, RSMo, or for controlled substances scheduled in the FederalComprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. 801,et seq.; or

(4) Prescribes or administers, or dispenses in a manner which isinconsistent with provisions of the Missouri drug control act contained inchapter 195, RSMo, or the Federal Comprehensive Drug Abuse Prevention andControl Act of 1970, 21 U.S.C. 801, et seq.

(L. 1995 S.B. 125 § 334.106 subsec. 5)